Calif. Court Revives Home Depot Toxic Chemical Suit

Law360, Los Angeles (November 20, 2013, 4:25 PM EST) -- A California state appeals court on Tuesday reversed a trial court’s decision dismissing a lawsuit against Home Depot U.S.A. Inc. and other companies for allegedly marketing toxic products without a warning, holding the plaintiff’s failure to prove a key detail was not dispositive.

Consumer Action Group Inc. sued Home Depot, Poolmaster Inc. and other companies for allegedly violating the Safe Drinking Water and Toxic Enforcement Act of 1986, or Proposition 65, by making or selling certain pool water test kits. The kits contain, and expose users...
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