Rare Prop 65 Trial Will Pave Way For Future Food Suits

Law360, New York (April 4, 2013, 8:01 PM EDT) -- Considering how rarely suits brought under California's Proposition 65 reach trial, the outcome of the clash kicking off Monday between 16 food manufacturers and an environmental group will have an outsized impact on the statute's interpretation, establishing how levels of the toxic substances listed in it are measured and whether the warnings sought by plaintiffs are preempted by federal law.

The Environmental Law Foundation sued 28 manufacturers and retailers in California state court in September 2011, claiming they sold more than 100 products, including baby food,...
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