Prop. 65 Defense Attorney

Prop 65 Defense Attorney

We are a California law firm with a flourishing national practice defending manufacturers and brands against Proposition 65 enforcement actions, including regulatory reviews of consumer products, food, beverage, dietary supplements, and OTC products.

We are seeking an experienced attorney to join an established Prop 65 defense practice. Our clients are manufacturers and brands that sell CPG products nationally and internationally, and who have received a Notice of Violation (NOV) or are facing related enforcement under the Safe Drinking Water and Toxic Enforcement Act of 1986 (California Health & Safety Code § 25249.5 et seq.), commonly known as Proposition 65.

This is not an entry-level role. You will work directly on live matters from day one.

We have a lot of work, so available hours can be 10 or 40 hours a week, depending on the candidate.

What you will do:

1. Evaluate Notices of Violation for procedural and substantive deficiencies (60-day notice compliance, certificate of merit, standing of the noticing party/organization).
2. Assess exposure and develop defense strategy, including available exemptions (safe harbor levels, naturally occurring constituents, alternative significant risk level, and other statutory defenses).
3. Negotiate settlements with private enforcers and their counsel, including civil penalties, remediation terms, and attorney's fees.
4. Draft and negotiate consent judgments and settlement agreements, and coordinate compliance with reporting obligations to the California Attorney General.
5. Review product labels, formulations, and testing data to assess warning obligations and reformulation options.
6. Coordinate with laboratories and expert witnesses on testing methodology and exposure assessments where litigation or contested settlements require it.
7. Support the firm's consumer class action and false advertising department where Prop 65 matters intersect with related claims.
8. Manage compliance documentation and warning label programs for clients to reduce future NOV exposure.
9. Coordinate with outside and specialty counsel where matters fall outside scope (e.g., litigation, chemical-specific toxicology issues).
10. Produce client-ready written work product: exposure assessments, settlement recommendations, and compliance opinions.

What we require:

1. Active bar license in good standing in any state.
2. Minimum 2-7 years of practice, with demonstrated substantive experience in Prop 65 defense.
3. Ability to draft finished, client-facing work product with minimal revision.
4. Comfort working remotely.
5. Comfort managing your own matter deadlines.