California Court of Appeal

In an action by the plaintiffs-American Meat Institute and National Meat Association seeking a declaration that the consumer warnings required by the California Safe Drinking Water and Toxic Enforcement Act of 1986 are preempted by the Federal Meat Inspection Act (FMIA), judgment in favor of plaintiffs is affirmed where: 1) the trial court properly overruled the demurrer; and 2) FMIA expressly preempts point of sale warning requirements imposed by Proposition 65 with respect to meat, and on that basis the trial court's ruling on the motion for summary judgment is affirmed.

Appellate Information

• Decided 12/22/2009
• Published 12/22/2009

Judges

• IRION, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Morrison & Foerster, Michele B. Corash, Maria Chedid, William F. Tarantino and Joanna E. Herman, San Diego, for Plaintiffs and Appellants.


• For Appellees:
  
• Hirst & Chanler, Clifford A. Chanler and David Lavine, Berkeley, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dennis A. Ragen and Claudia Polsky, Deputy Attorneys General, as Amicus Curiae on behalf of Defendant and Appellant.