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Will Wagner

Will Wagner focuses his practice in the areas of consumer product defense and regulatory enforcement litigation, including California’s unique Proposition 65, California regulatory actions pertaining to labeling and emissions of Volatile Organic Compounds (VOC) from consumer products, and actions under the Consumer Legal Remedies Act (CLRA) and Unfair Competition Law (UCL). Will also handles writ actions related to administrative decisions and procedures, along with commercial disputes and accessibility cases under the Americans With Disabilities Act.

In addition to litigation, Will counsels clients on a variety of compliance issues including:

  • Proposition 65 matters involving California’s Office of Environmental Health Hazard Assessment (OEHHA);
  • VOC emission and labeling matters involving the California Air Resources Board (CARB) and the South Coast Air Quality Management District (SCAQMD);
  • CARB and Environmental Protection Agency (EPA) regulations pertaining to formaldehyde in composite wood products; and various other consumer product regulations.

He is admitted to practice in California, Arizona, and Nevada, handling matters before administrative agencies, trial courts, and appellate matters before state supreme courts and the Ninth Circuit Court of Appeals.



Proposition 65:

  • Represents numerous manufacturers, distributors, and retailers, ranging from Fortune 100 companies to smaller private companies in private enforcement actions brought by bounty hunters under California’s Safe Drinking Water and Toxic Enforcement Act ("Proposition 65"), which have also included supplemental causes of action brought under the CLRA and UCL. These actions involve a wide variety of consumer products including:
    • Cosmetic and drug products allegedly containing PFOA, DEA, BPA, benzophenone, talc, asbestos, lead, chromium, and crystalline silica.
    • Food alleged to contain acrylamide and heavy metals.
    • Supplement actions alleging the presence of lead, cadmium, and other heavy metals.
    • Clothing actions alleging the presence of formaldehyde, phthalates, and heavy metals.
    • Actions pertaining to plastics alleged to contain phthalates such as DEHP or DINP.
    • An action under Proposition 65 pertaining to styrene emissions from plastics manufacturing facilities.
  • Counsels clients on novel Proposition 65 issues such as:
    • Hemp and CBD containing substances currently listed under Proposition 65 such as beta-myrcene, pulegone, and marijuana smoke, and the potential listing under Proposition 65 of THC, cannabis, and cannabis extracts.
    • Counsel beverage companies on furfuryl alcohol in sodas and similar drinks.
  • Clerkship, Justice James W. Hardesty, Supreme Court of Nevada
  • Law & Contracts Clerk, Honeywell International, Law & Contracts Department
  • Legal Extern, Arizona Governor’s Office
  • Judicial Extern, Chief Judge Daniel P. Collins, U.S. Bankruptcy Court for the District of Arizona
  • Judicial Extern, Hon. David G. Campbell, U.S. District Court for the District of Arizona

Recognition & Leadership

  • Member, State Bar of California
  • Member, State Bar of Nevada
  • Member, State Bar of Arizona


  • J.D., cum laude, Arizona State University Sandra Day O'Connor College of Law
    • Editor-in-Chief, Jurimetrics: The Journal of Law, Science, and Technology
  • B.A., University of Nevada
  • Justice James W. Hardesty, Supreme Court of Nevada
  • California
  • Nevada
  • Arizona
  • U.S. Court of Appeals for the Ninth Circuit