Adams | Nye | Becht
LLP brings its extensive litigation experience to the defense
of companies in actions brought by private party enforcers
(or "bounty hunters") and public prosecutors under
California's Safe Drinking Water and Toxic Enforcement Act
of 1986, Proposition 65.
In May, 2002 we helped lead a trial
team that successfully represented Baxter Healthcare Corporation
in Baxter Healthcare Corporation v. Joan Denton, Ph.D.
Office of Environmental Health Hazard Assessment ("OEHHA"),
et al. The case was brought to establish the "no
significant risk level" defense for exposures to DEHP
in prescription medical devices. This was one of the first
cases ever to be taken to trial against the Attorney General's
office to oppose imposition of a Proposition 65 warning label.
We won the case after two weeks of
trial against the California Attorney General's office. The
court ruled that no Proposition 65 Cancer warning was required
prior to DEHP exposures.