California’s population and economy significantly surpass all other states, making access to California's marketplace a requirement to compete effectively in the consumer products market. On the other hand, participating in the California market can be daunting due to the complicated, and oftentimes unexpected, array of laws and regulations that target the content, testing, marketing, registration, labeling, sale and disposal of consumer goods in California.
California-specific consumer product laws can affect the entire life cycle of a consumer product sold in California. For an electronic device, the California Energy Commission appliance efficiency regulations and the Department of Toxic Substances Control’s regulations for Restrictions on the use of Certain Hazardous Substances may affect product design and composition. Packaging laws enforced by CalRecycle may affect the plastic content of the product’s packaging. California’s Proposition 65, and the Office of Environmental Health Hazard Assessment’s accompanying regulations, may require sellers to provide adequate warnings to consumers of a product’s potential for carcinogen and reproductive toxicant exposure. In many cases, the manufacturer may have to ensure that fees are paid at the point of sale that fund the eventual recycling of the device under CalRecycle regulations.
The attorneys at Ellison Schneider Harris & Donlan have a broad range of experience helping consumer product manufacturers and retailers navigate the various regulatory programs unique to California, including the Safe Drinking Water and Toxic Enforcement Act (Proposition 65), Building Energy Efficiency Standards (Title 24), Appliance Efficiency Regulations (Title 20), Rigid Plastic Packaging Container Program, Mattress Recovery and Recycling Program, and others.
Our consumer product practice experience spans advocating on behalf of businesses during agencies’ regulatory rulemakings, helping clients understand whether and how a particular rule applies to their product, assisting in responding to an agency’s audit of consumer product sales and compliance with a particular regulatory program, and defending consumer product companies in agency enforcement actions.