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A Win For Prop 65 Defendants, Lessons For All

Law360, New York (August 19, 2013, 11:52 AM EDT) -- While the California Senate continues to deliberate reforming the Safe Drinking Water and Toxic Enforcement Act, commonly known as Proposition 65, on July 15, 2013, Alameda Superior Court Judge Brick issued an important and comprehensive decision in Environmental Law Foundation v. Beech-Nut Corporation et al. Judgment for the defendants was entered on Aug. 7, 2013.

Brick held that food and beverage companies can average exposure over time when determining whether the level of toxic substances in products goes above the threshold level, requiring a warning. Brick’s...
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