New Service to Members!

The American Apparel & Footwear Association (AAFA) and The Hosiery Association (THA) are pleased to announce a new service for our respective memberships – a service focused on advising members about California’s Proposition 65 and other relevant product law issues.

The Associations have received a number of recent requests for advice on Proposition 65 and similar laws that apply to consumer products.  Proposition 65 requires companies doing business in California to provide warnings if a product causes exposure to any one of more than 750 substances determined by the State of California to cause cancer or reproductive toxicity (including substances like lead, formaldehyde and phthalates), or to reformulate the product to reduce or eliminate such exposure.  Similar laws in California, other states and other countries, specifically regulate exposure to such substances in toys, children’s nightwear, jewelry and other consumer products (including such substances that may be contained in apparel, footwear and hosiery) generally.

Regulatory agencies, some aggressive NGOs and a cottage industry of plaintiffs’ lawyers are continually searching to enforce these laws to obtain stricter manufacturing standards and/or collect “bounty hunter” fees.  Proposition 65 claimants have targeted polyvinyl chloride (PVC), neoprene and other plastics used in clothing, such as rain jackets, ponchos and baby bibs, to name a few examples.  Apparel, footwear and hosiery businesses can reduce or even eliminate the legal risks arising from these laws if they are well advised by professionals experienced in the area.  To secure such advice, we have developed a relationship with Farella Braun + Martel LLP.

Farella Braun + Martel LLP is one of the nation’s premier products law firms.  The firm is located in San Francisco and counsels apparel and related businesses around the United States, and around the world, on products issues relevant to our industries.  Members of Farella Braun + Martel LLP are experienced litigators and trial attorneys, skilled in product stewardship, and are listed in Best Lawyers in America, Chambers USA Guide to America’s Leading Lawyers for Business, Who’s Who in America, Who’s Who in the World and similar publications. 

Our primary contacts with Farella will be:

James A. (“Jim”) Bruen
Office: 415.954.4430
Mobile: 925.788.8474

Christopher (“Chris”) Locke
Office: 415.954.4486
Mobile: 415.613.1477

Ruth Ann Castro
Office: 415.954.4489
Mobile: 650.303.4007

Farella will provide association members with:

1. Regular advisories on significant developments in Proposition 65 and other products laws relevant to the apparel, footwear and hosiery industries.  There will be no cost for this service.  Examples of such client advisories on Proposition 65 are enclosed as Attachment D.  A background memorandum on Proposition 65 is enclosed as Attachment E.


2. Company-specific advice concerning Proposition 65, similar product design, manufacturing or labeling laws, product defect claims, Consumer Product Safety Act, product recall counseling and other product stewardship advice upon request. Association members will engage Farella independently but, because of their association membership, will be entitled to the firm’s legal services at rates discounted by ten percent.

Jim Bruen of Farella will speak about Proposition 65 at the AAFA Environmental Issues Seminar on June 27 in New York.  He will bring advisories and other no-cost materials to the meeting which will be of interest to many of our members.

We look forward to the development of this important service for our association members.  Please do not hesitate to call us or the Farella contacts if you have any questions.

Very truly yours,
Kevin M. Burke
President and CEO

Sally Kay
THA