Proposition 65 Litigation Support

Proposition 65 is enforced by litigation, with the burden of proof placed on businesses rather than the plaintiff. TSG provides the technical expertise for settlement negotiations with the plaintiff, such as strategic input, developing risk assessments, enhancing third-party risk assessments, and critiquing the calculations and models used by plaintiffs. In this way, plaintiffs can be prevented from obtaining judgments or settlements based on unrealistic models or assumptions.

Our Proposition 65 litigation team is often retained to provide technical expertise in negotiations with plaintiffs. As a result, our staff is familiar with approaches used by plaintiffs to generate risk assessments, as well as how to discredit those prepared by others. Our consultants provide a comprehensive strategy for litigation, such as preparing for a plaintiff’s approach to assure that our assessments will withstand hostile examination and litigation. We also provide alternative or counter approaches that establish the validity of our models and question those used by plaintiffs, which are often excessively conservative.

TSG scientists have the substantial experience required to develop, explain and apply sound exposure models. The same expertise is available to examine and call into question other approaches to risk assessment that are excessively conservative or unwarranted.

Our consultants work as a team to provide the knowledge, experience, technical expertise and guidance to deter litigation, if possible. The same resources are applied to defend against inappropriate assumptions that are often the basis of a plaintiff's claims.