proposition 65

Proposition 65 Attorneys

California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (“Proposition 65”), which is codified at Cal. Health & Safety Code §25249.5 et seq. was approved in 1986 by the voters of California.  Proposition 65 is a “right to know” statute that requires the State of California to publish a list of chemicals known to cause cancer, birth defects or other reproductive harm.  The list,, has now grown to include over 800 chemicals.Under Proposition 65 businesses are required to provide “clear and reasonable” warnings to consumers before knowingly and intentionally exposing anyone in California to a listed chemical.  Businesses can comply with this warning requirement in a variety of different manners, such as labeling the packaging of a product, posting warning signs, or publishing warning notices in newspapers.  Businesses with less than 10 employees are exempt from the requirements of Proposition 65. The California Attorney General’s Office,, enforces Proposition 65 along with any district attorney or city attorney in a city whose population exceeds 750,000.  Private citizens and law firms are also able to enforce Proposition 65 by filing a 60 day notice of violation.

Along with being forced to provide proper warnings or potentially reformulating their products, violators of Proposition 65 are also potentially liable for civil penalties.  These penalties for failing to provide notices can be as high as $2,500 per violation per day.  These penalties are retroactive for up to a full year (365 days) from the date of a 60 day notice of violation and also includes attorney’s fees.  75% of any civil penalties won by a private enforcer must be sent to the State of California and the remaining 25% is kept by the private enforcer.

The attorneys at Custodio & Dubey LLP have extensive experience litigating Proposition 65 cases.  They have the knowledge, contacts, and ability to work closely with toxicologists and laboratories in order to test products for violations of Proposition 65, then to prepare and send out the required 60 day notices of violation, and finally to file a complaint and litigate a case if necessary.

Court Approves Proposition 65 Settlement For Anheuser-Busch, LLC

Los Angeles County Superior Court Judge Mel Red Recana granted Plaintiffs’ Motion to Approve a Consent Judgment on Friday, May 30, 2014, Case #BC537188. The Consent Judgment is between 4 California Plaintiffs, represented by, Custodio & Dubey LLP, and a group of Defendants made up of several of the largest alcohol manufacturing companies in the world, including: Anheuser-Busch, LLC; Bacardi U.S.A., Inc.; Heineken USA Incorporated; Beam Inc.; Millercoors LLC; Nolet Spirits U.S.A.; Pabst Brewing Company; and Pernod Ricard USA, LLC.

“We are very pleased that Judge Recana approved the Consent Judgment and found that its terms are in the public interest of the people of California. This ruling helps strengthen the nation’s most effective consumer protection law, Proposition 65.”

Vineet Dubey
Partner, Custodio & Dubey LLP
Read The Press Release Here

Custodio & Dubey LLP Featured In Playboy Online

Are Your Sex Toys Safe? – Attorneys Miguel Custodio, Jr. & Vineet Dubey were quoted in an article by author Jillian Keenan that appeared on Playboy’s SFW website. The article details unregulated sex toys and the harmful chemicals that are often used to make them. Chemicals like the ones that Mindy Browning believe poisoned her.

“At the same time, consumer advocacy attorneys Miguel Custodio Jr. and Vineet Dubey have pursued a more aggressive legal strategy. “Why give big companies the power to decide whether or not they want to disclose toxins in their products?” asks Dubey, who believes that California’s 1986 Safe Drinking Water and Toxic Enforcement Act (commonly referred to as “Proposition 65″), which requires businesses to label toxic consumer products, could be a powerful venue for legal action against misleading sex-toy manufacturers. “The more pressure we put on these manufacturers, the faster things will change.”

Read The Full Article Here