Overview

A frequent speaker before trade and industry associations, Bao Vu leads Stoel Rives’ cross-office Proposition 65 practice. His team also regularly helps clients comply with other chemicals-related product safety laws and regulations, as well as navigate Environmental, Social, and Governance (ESG) issues, with a focus on laws, regulations, and industry practices involving sustainability, claim substantiation, disclosures, and advertising.

Bao’s practice routinely involves complex regulations and guidance issued by federal agencies, such as the Consumer Product Safety Commission (CPSC), Federal Trade Commission (FTC), Food and Drug Administration (FDA), Securities and Exchange Commission (SEC), and U.S. Department of Agriculture (USDA). His work also involves California agencies, including the Air Resources Board, Department of Pesticide Regulation, Department of Toxic Substances Control, and Attorney General.

Clients rely on Bao when they are the subject of single-plaintiff, class action, or government prosecutions or investigations. He has a successful track record of aggressively defending consumer product companies and their suppliers when they are alleged to have violated consumer protection, competition, and environmental laws and regulations. He represents consumer product and technology clients in complex business disputes too.

Bao’s clients’ products and industries include:

  • E-Commerce
  • Semiconductors
  • Nutritional Supplements
  • Organic and Conventional Foods and Beverages
  • Cosmetics
  • Furniture
  • Apparel
  • Fashion Accessories
  • Footwear
  • Metals Fabrication
  • Industrial Lubricants
  • Cleaning Solvents
  • Hobby Supplies

In addition to Stoel Rives, Bao has practiced at other national and international law firms, and he has served as a judicial extern to the Honorable James Ware (Ret.), U.S. District Court for the Northern District of California, and the Honorable Roger L. Efremsky, U.S. Bankruptcy Court for the Northern District of California. Bao serves on the firm’s Diversity, Equity & Inclusion Committee.

Education

University of California, Davis School of Law, J.D., Public Service Certificate; Managing Editor, UC Davis Law Review; Senior Editor, Environmental Law and Policy Journal; Witkin Award in Environmental Law

University of California, Santa Barbara, B.A., Psychology, with honors

Admissions

California

United States Court of Appeals for the Ninth Circuit

United States District Courts for the Central, Eastern, Northern and Southern Districts of California

United States District Court for the Southern District of Indiana

United States Bankruptcy Courts for the Central, Eastern, Northern and Southern Districts of California

Languages

  • Vietnamese

Experience

Sustainability

  • Advised auto manufacturing, food, and dairy facilities on contractual and scientific claim substantiation and advertising language for carbon reduction goals and efforts, including Scope 1 (direct through mitigation or offsets), Scope 2 (electricity usage through renewable energy credits or RECs), and Scope 3 (indirect through offsets and internal and vendor and supplier policies and audits) emissions.
  • Advised personal care products marketers on compliance with the FTC’s “Green Guides,” including scientific claim substantiation and advertising of environmental product and packaging attributes (e.g., recyclable, made from recycled material, compostable, and biodegradable).
  • Defense of clients against consumer claims and government investigations for alleged improper use of claims such as “biodegradable” and “all natural.”

Chemicals Management and Related Litigation

  • Developed chemicals management and compliance programs for consumer product companies to comply with laws like Proposition 65, the Consumer Product Safety Improvement Act (CPSIA), and the Federal Food, Drug, and Cosmetic Act (FD&C Act). 
  • Defense of industrial facilities and oil and gas operators against common law and Proposition 65 claims alleging environmental (air or occupational) and water discharges of chemicals including arsenic, benzene, hexavalent chromium, and tetrachloroethylene (PERC).
  • Defense of consumer product manufacturers, distributors, and retailers against consumer exposure Proposition 65 claims. 
  • Defense of consumer products, paint, and solvents manufacturers against allegations involving failure to disclose hazardous substances under the Federal Hazardous Substances Act (FHSA).
  • Representation of product manufacturers in California Air Resources Board investigations concerning allegations of excess volatile organic compounds (VOC) and methylene chloride content in their products.

Other Regulatory Compliance and Labeling

  • Defense of food manufacturers against allegations involving failure to comply with the Nutritional Labeling Act (NLEA).
  • Representation of product manufacturers in California Department of Pesticide Regulation investigations concerning allegations of improperly registered pesticides.
  • Advised athletic footwear manufacturer on compliance with California’s ban on the importation of exotic animal skins, enumerated under Penal Code § 653o.

Competition

  • Defense of medical foods company against a competitor lawsuit, involving false advertising and labeling and related claims.
  • Defense of metals fabricator against a competitor lawsuit, involving trade secret misappropriation and related claims.
  • Defense of road construction company against a competitor lawsuit, involving bid rigging, price fixing, and market allocation antitrust claims.

Other Complex Litigation

  • Defense of multinational agrochemical and agricultural biotechnology corporation against numerous class action lawsuits involving genetically modified crops.
  • Defense of national honey cooperative against numerous class action lawsuits involving unfair competition and breach of warranty allegations and issues under the FD&C Act.
  • Representation of electric generation facility in multimillion-dollar dispute involving complex 418 MW Power Purchase and Sale Agreement with large, investor-owned utility.
  • Representation of electric generation facility in multimillion-dollar dispute with Southern California municipality.
  • Representation of solar project developer in multimillion-dollar payment dispute with project’s purchaser.
  • Representation of solar energy producers in federal bankruptcy and appellate courts involving large, investor-owned utility’s bankruptcy.
  • Defense of industrial facility specializing in materials conversion and titanium, steel, and high-temperature alloys forging in administrative enforcement proceeding before the South Coast Air Quality Management District, concurrently prosecuting related writ lawsuit before the Superior Court challenging curtailment procedures.
  • Representation of solar energy project developer in numerous disputes throughout United States involving Engineering, Procurement, and Construction agreements, supplier agreements, and commercial leases.
  • Served as arbitration counsel for recycling corporation in multimillion-dollar indemnity dispute concerning largest metals recycling facility in California.
  • Served as arbitration counsel for national qui tam law firm in multimillion-dollar professional negligence lawsuit.
  • Trial and appellate counsel for asphalt plant operator in mineral trespass lawsuit brought by gold dredging company seeking disgorgement damages exceeding $10 million. Cal. Sierra Dev., Inc. v. George Reed, Inc., 145 Cal. App. 5th 663 (2017).
  • Briefed and argued to defend judgment secured on behalf of Special Servicer before the California Court of Appeal in case involving effect of bankruptcy discharge.
  • Briefed and assisted with argument to defend order denying remand to State Court secured on behalf of Special Servicer before the U.S. Court of Appeals for the Ninth Circuit. Corral v. Select Portfolio Servicing, Inc., 878 F.3d 770 (9th Cir. 2017).
  • Briefed and assisted with argument to defend order appointing receiver over three commercial centers in Puerto Rico on behalf of Special Servicer before the U.S. Court of Appeals for the First Circuit.
  • Briefed and assisted with argument to defend judgment secured on behalf of test and measuring device company in case involving employment discrimination.

Insights

Insights & Presentations

  • “Warning: This Podcast Contains Chemicals Known to the State of California to Cause Cancer or Other Reproductive Harm” (guest), 99% Invisible podcast, March 5, 2024
  • “Made Where? The Complications of Using ‘Made in the USA’ on Your Spirit” (co-author), Artisan Spirit Magazine, Summer 2023
  • “Earth Island Institute appealing greenwashing case won by Coca-Cola” (quoted), EconoTimes, December 30, 2022
  • “Coca-Cola Wins in Greenwashing Suits Show Hazy Marketing Limits” (quoted), Bloomberg Law, December 29, 2022
  • "The State of Corporate Racial Justice Initiatives," The Bar Association of San Francisco, August 17, 2022
  • “Newly-Minted Second Hundred Litigation Partners Open Up About What It Takes to Make It” (quoted), Law.com, June 13, 2022
  • “Prop 65 Updates: Chrome VI in leather, BPA in socks, new short form warning labels,” Footwear Distributors and Retailers Association (FDRA) Footwear Product Safety Digital Conference, April 7, 2022
  • “9th Circuit Ruling Halts Prop 65 Acrylamide Lawsuits, Again” (co-author), The Recorder, Law.com, March 31, 2022
  • “It’s Not Easy Being Green: Legal Considerations for Marketing Your Sustainability Efforts” (co-author), Artisan Spirit Magazine, Fall 2021
  • “California Labeling Law Updates You Need To Be Concerned With Now,” 2021 Retail Value Chain Federation (RVCF) Annual Fall Conference, November 8, 2021
  • “How I Made Partner,” Law.com, June 2, 2021
  • “Regulatory Updates Affecting The Shoe Industry,” Strategic Partner Discussion, FDRA Shoe Supply Chain Digital Summit, July 19, 2021
  • “Industry Chat on COVID-19’s Effect On Product Safety Laws and Regulations,” American Apparel & Footwear Association (AAFA), July 2021
  • “Alert: Uptick of Consumer Claims Against Allegedly Misleading Green Advertising,” RVCF Quarterly Newsletter, June 8, 2021
  • “Legal Requirements for Environmental Marketing,” AAFA Open-Industry Webinars, June 2021
  • “Proposition 65 and Other Labeling Updates,” FDRA Footwear Product Safety Digital Conference, May 26, 2021
  • “Dizzying CA Proposition 65 Developments Create Compliance Uncertainties for Businesses,” RVCF Quarterly Newsletter, April 6, 2021
  • “Regulatory Update,” AAFA 2021 Product Safety & Compliance Seminar, February 9–10, 2021
  • “CA Prop 65 Regulations Amended to Allow Vendors and Retailers to Shift Liability (But Beware),” RVCF Quarterly Newsletter, October 13, 2020
  • “Marketing Shoe ‘Sustainability’—What you can, cannot, and shouldn’t say about your sustainable shoes,” FDRA Digital Shoe Sustainability Summit, webinar, September 4, 2020
  • “Complying With The Law While Marketing That You’re ‘Going Green’,” RVCF Quarterly Newsletter, June 10, 2020
  • “While Washington State Eyes Regulations Involving Electronics, Carpet, Printing Inks, Food Cans, Laundry Detergent, Thermal Paper, Vinyl Flooring, and Fragrances, You Should Start Planning Now,” RVCF Quarterly Newsletter, April 2, 2020
  • “New Consumer Product Laws for 2020 You Need to Know About,” RVCF Quarterly Newsletter, February 11, 2020
  • “Case Study: You’ve Been Served,” Product Safety & Compliance Seminar 2020 – CA, Long Beach, CA, February 5, 2020
  • “What Your Company Needs to Know About Social Media Influencers” (with co-author Melissa Jones), The Legal Intelligencer, August 29, 2019
  • “New CA Proposition 65 Enforcement Trend: PVC and Vinyl Packaging,” RVCF Quarterly Newsletter, August. 5, 2019

Speaking Engagements

Recognition

  • Listed among Rising Stars (Business Litigation, Environmental Litigation) Northern California Super Lawyers ®, 2019–2023
  • Selected by the Daily Journal as a Top 40 Under 40 honoree, 2022

Affiliations

Professional

  • Stoel Rives’ Diversity, Equity & Inclusion Committee, Vice Chair
  • Asian Law Alliance, Board of Directors
  • Bay Area Lawyers for Individual Freedom (BALIF), Mentor
  • Bar Association of San Francisco, Member

Civic

  • AIDS Legal Referral Panel, Board of Directors

Industries

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