Will Wagner focuses his practice in the areas of consumer product defense and regulatory enforcement litigation, particularly on issues involving California’s unique Proposition 65. He defends companies such as personal care product manufactures, food and beverage producers, and garment and accessory companies in lawsuits relating to Prop 65 chemicals of concern including heavy metals, acrylamide, THC, talc, PFOA, BPA, titanium dioxide, DEHP (and other regulated phthalates), styrene, formaldehyde, and many more. Will also regularly advises clients on Prop 65 compliance and risk mitigation, including regulatory and chemical listing issues involving California’s Office of Environmental Health Hazard Assessment (OEHHA).
Additionally, Will defends consumer product companies against allegations of deceptive, misleading, or unsubstantiated label and advertising claims, including actions brought under California’s Consumer Legal Remedies Act (CLRA) and Unfair Competition Law (UCL). His experience includes defending companies against putative or threatened class action lawsuits based on nonfunctional slack-fill allegations, structure/function claims, and ingredient content claims.
Further, Will has broad experience navigating California laws and regulations that impact consumer product companies. This includes advising and defending companies in connection with California’s regulation of Volatile Organic Compound (VOC), which often involves the California Air Resources Board (CARB) and the South Coast Air Quality Management District. He also counsels clients on issues regarding California’s Cleaning Products Right to Know Act, Safe Cosmetics Act, Transparency in Supply Chains Act, and the Organic Products Act.
He is admitted to practice in California, Arizona, and Nevada, handling matters before administrative agencies, trial courts, and appellate matters before state appellate courts and the Ninth Circuit Court of Appeals.