Calif. Appeals Court Widens Prop 65's Chemical Coverage

Law360, New York (December 17, 2013, 11:24 PM EST) -- It’s a situation that at first seems ideal for a defendant: the defendant is served with a complaint alleging that it failed to warn consumers about a chemical in its products, but when the defendant investigates the allegations, it discovers that the chemical identified in the plaintiff’s complaint is not even in its product. This defect in the plaintiff’s pleadings would seem to cut a clear path for a judgment in the defendant’s favor. However, given a recent decision by a California appellate court, defendants should be aware that lawsuits arising under remedial consumer protection statutes may have more lenient pleading...

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