Attorney Specialists in California’s Safe Drinking Water and Toxic Enforcement Act of 1986 

(Often Referred to as “Prop 65”)

Every manufacturer, distributor, supplier or retailer in the chain of commerce for products sold into California must be aware of and comply with statutory requirements under the California Safe Drinking Water and Toxic Enforcement of Act of 1986 (commonly known as “Proposition 65” or “Prop 65”). Prop 65 requires a “clear and reasonable” warning to be provided to California consumers if a product can expose the consumer to a Prop 65 listed chemical above a “safe harbor” level.  The Prop 65 list current contains over 950 carcinogens and/or reproductive toxicants.  A number of the listed chemicals may be found in various dive products, marine accessories and clothing or textiles associated with the dive industry. A more complete explanation of Prop 65 may be found here.

Because any individual may enforce Prop 65 by suing in California state courts, many businesses find themselves responding to numerous Notices of Violation and/or lawsuits brought by “private enforcers” to obtain payments “on behalf of the general public.” In order to deal with the requirements of Prop 65 and the suits that can result from failure to comply, the advice of qualified legal counsel in California is necessary and critical for risk management practices. DEMA has identified certain legal counsel who have experience in such matters. While each DEMA member must make their own decisions about whom to consult, the following list is offered as a starting place in order to make sure you are in compliance with Proposition 65, or to respond if you find yourself in a Prop 65 lawsuit in California:

Anne Marie Ellis

Buchalter, a Professional Corporation
18400 Von Karman Avenue, Suite 800
Irvine, California 92612-0514
Email: AEllis@Buchalter.com
Phone Number: (949) 224-6223

As the California Chair of the Products Liability Practice and Chair of the Chemical Law and Prop. 65 Industry Group at Buchalter, I possess extensive knowledge and experience in handling Prop. 65 matters. I regularly counsel businesses, provide defense in litigation, and navigate Prop. 65 Notices of Violation. Throughout my career, I have collaborated closely with other industry groups to address Prop. 65 compliance issues. I adopt a practical and results-driven approach, tailoring my strategies to meet the specific needs of each client and industry. Keeping up with legal updates, trends, cases, lawsuits, Attorney General actions, plaintiff tactics, and relevant experts is an essential part of my practice. Additionally, I frequently speak and present on Prop. 65 and related regulations, effectively conveying complex issues to non-lawyer audiences. Through my work, I have developed strong relationships and connections with experts and consultants who share the same efficient representation philosophy. I possess a thorough understanding of the scientific aspects involved and can quickly identify the key issues in a case. Furthermore, if necessary, I am well-versed in other chemical regulations across the country, such as PFAS ("forever chemicals"), and can provide counsel on these matters as well. 

At Buchalter, we have a team of experienced attorneys who specialize in Prop. 65 and have worked across various industries. Our firm is known for its ability to handle clients' most critical issues and provides full-service legal representation. With approximately 135 attorneys in offices across the western region, including California (Los Angeles, Irvine, San Diego, San Francisco, and Sacramento), we handle litigation in both federal and state trial and appellate courts. 

Ryan Landis

Partner
Gordon Rees Scully Mansukhani LLP
5 Park Plaza, Suite 1100
Irvine, CA 92614
Email: rlandis@grsm.com
Phone Number: 949-255-6950

Recognized globally as one of the preeminent Prop 65 attorneys in the country, Ryan’s practice is focused on a range of matters related to environmental regulatory compliance, litigation defense and overall strategic consulting. Ryan has represented a variety of companies in litigation involving environmental and toxic torts matters, products liability, pollution control measures, premises liability and asbestos-related injury matters. His legal counsel and consulting work includes defense of enforcement actions under California’s Safe Drinking Water & Toxic Enforcement Act of 1986 (known as or “Prop 65”) as well as regulatory compliance and requirements under CERCLA, RCRA, the Clean Water Act, the Clean Air Act, and state law counterparts.

Ryan has over 20 years of legal experience in compliance and litigation matters with representation ranging from Fortune 100 corporations to small start-up businesses. He has worked as a partner at two AmLaw 100 firms and has also worked for government agencies and public interest groups that include the State Attorney General in Alaska, the Santa Monica Baykeeper, and the Department of defense/Southwest Engineering Command. Ryan has developed his expertise in strategic environmental counseling to focus on socially responsible solutions to complex challenges, and brings an innovative approach to consulting on Environmental, Social and Governance (ESG) programs and protocols in a multitude of industries that cover local, state, national and international issues.