Lead Paint As A Public Nuisance In California

By Jules Zeman (December 6, 2017, 11:35 AM EST) -- In a unanimous 138-page decision issued on Nov. 14, 2017, which departed from appellate courts in every other jurisdiction that have considered the issue, the California Sixth District Court of Appeal in People v. ConAgra Grocery Products Company, et al., Case No. H040880, upheld the most significant portions of a representative public nuisance action filed by residents of several California cities and counties against The Sherwin-Williams Company, ConAgra Grocery Products Company LLC and NL Industries Inc., upon findings that the defendants or their predecessors created a public nuisance in the subject jurisdictions by affirmatively promoting white lead pigment for use in interior residential paint in the decades prior to 1950 while possessed of actual knowledge of its high toxicity....

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