This program will cover the basics of how California’s Proposition 65 consumer right-to-know (warning) law works, including with respect to its unique compliance obligations, reverse burdens of proof, and aggressive bounty hunter enforcement litigation structure.
Prior cases concerning Proposition 65’s application to a variety of confectionery products will be covered. Current litigation and regulatory changes relevant to the confectionery industry will be also discussed. Presenters will be Robert Falk, from the defense law firm of Morrison & Foerster LLP and Anthony Samson, Policy Advocate from the California Chamber of Commerce.
Robert L. Falk
Partner, Morrison & Foerster LLP
Robert Falk is immediate past Chair of Morrison & Foerster LLP’s Environment and Energy Law Group. He is a member of the American College of Environmental Lawyers and previously served as Chair of the American Bar Association’s Standing Committee on Environmental Law.
Mr. Falk focuses a large part of his current practice on counseling and defending clients in litigation with respect to California’s Proposition 65. Mr. Falk has successfully defended a variety of companies in Proposition 65 trial and appellate proceedings in courts throughout California and represented them in related settlement negotiations and in a variety of regulatory and legislative proceedings. He also has served as Proposition 65 advisor to a number of trade associations, currently including the National Confectioners Association.
Mr. Falk’s clients in Proposition 65 matters have included, among others, a wide variety of food and beverage companies, confectioners, consumer product manufacturers and distributors, and some of the nation’s largest retailers. His opponents have included the California Attorney General, various California District and City Attorneys, and the full array of citizens’ groups and Proposition 65 plaintiff’s law firms.
Beyond his Proposition 65 practice, Mr. Falk is a leading legal practitioner in more traditional areas of environmental and consumer product regulation and litigation.
He graduated from the Boalt Hall School of Law at the University of California at Berkeley and also holds a Master’s in Public Administration from New York University and a Bachelor’s in Economics from the State University of New York.
Policy Advocate, California Chamber of Commerce
Anthony Samson joined the California Chamber of Commerce in November 2013 as a policy advocate for chemical, environmental and land use policy. As the lead industry advocate for Proposition 65 issues, Anthony spearheaded and currently manages a coalition of over 250 businesses and organizations that are actively engaged in OEHHA’s recent proposal to reform the Proposition 65 warning regulations. Anthony is also leading the industry effort regarding OEHHA’S recent proposals to dramatically reduce the long-established Proposition 65 lead threshold and several other regulatory proposals that will adversely impact the business community.
Before joining the CalChamber policy team, Anthony was an environmental litigator at Harrison, Temblador, Hungerford, and Johnson LLP in Sacramento, where he defended a variety of land use projects from legal challenges brought under the California Environmental Quality Act and local planning and zoning laws.
Anthony was formerly a deputy environmental attorney with the California Department of Transportation and a special assistant to the deputy chief of staff for Governor Arnold Schwarzenegger.
Anthony earned a B.A. from the University of California at Santa Barbara, and a J.D. from Michigan State University College of Law, where he served as the articles editor of the Michigan State Law Review.
Gain insights on the latest updates to California Prop 65.
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