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Will Wagner

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 food and beverage producers, personal care product manufactures, and garment and accessory companies in lawsuits relating to Prop 65 chemicals of concern including heavy metals, acrylamide, DEHP, DINP, PFOA, 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 punitive 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 regularly 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 (SCAQMD). He also counsels clients on CARB and Environmental Protection Agency (EPA) regulations pertaining to formaldehyde in composite wood products. His practice also includes advising clients 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 supreme courts and the Ninth Circuit Court of Appeals.

Kompetencje

Doświadczenie

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 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 and
    • 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 THC, beta-myrcene, pulegone, and marijuana smoke; and
    • 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

Sukcesy i wyróżnienia

  • Listed, The Legal 500 United States, Environment: Litigation, 2020
  • Member, State Bar of California
  • Member, State Bar of Nevada
  • Member, State Bar of Arizona

Kwalifikacje

Wykształcenie
  • 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
Staże
  • Justice James W. Hardesty, Supreme Court of Nevada
Posiadane uprawnienia
  • California
  • Nevada
  • Arizona
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Central District of California
  • U.S. Court of Appeals for the Ninth Circuit