Thursday, September 14, 2023, 12:00 PM (ET)

Agriculture and Proposition 65: Risks and Implications in California and Beyond

California’s Proposition 65 requires businesses to provide warnings about exposures to over 900 chemicals that may cause cancer, birth defects, or other reproductive harm. With strong financial incentives for private enforcers to pursue claims, many in the regulated community view Proposition 65 as encouraging frivolous “gotcha” lawsuits. The practical reach and impact of Proposition 65 for the agriculture industry is far beyond the borders of California. This CLE provides an overview of Proposition 65 as it affects the agriculture industry, recent developments and enforcement trends, and considerations for addressing this far-reaching law from both a legal and technical perspective.

Gregory S. Berlin represents well-known corporations, including multinational oil and gas companies, the world’s largest retail corporations, and food and drink processing conglomerates in litigation involving the environment, natural resources, and consumer products. He proactively works with companies in highly regulated industries to identify and manage their legal risks and develop creative litigation strategies. Greg has expertise with litigation related to toxic torts, climate change, PFAS, Superfund/cost recovery, citizen suits, and California’s unique labeling law, Proposition 65. He also represents companies in litigation involving major energy, infrastructure, and land use development projects. Greg earned his J.D., cum laude, from the University of California, Hastings College of Law, with a certificate in environmental law. He served as the executive symposium editor of the Hastings Law Journal and a judicial extern to the Hon. Edward M. Chen of the U.S. District Court for the Northern District of California.

Michael K. Peterson, M.E.M., DABT is a principal at Gradient with more than 25 years of experience specializing in human health risk assessment of cancer and non-cancer endpoints, critical analysis of human and animal toxicology and epidemiology studies, and multimedia assessment of exposure to chemicals. He has worked on Proposition 65 projects for over a decade, both advising companies proactively on compliance as well as providing testimony as an expert witness in litigation proceedings.

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