California Court of Appeal
Physicians Comm. for Responsible Med. v. McDonald's Corp., B218089
In a nonprofit organization's suit against several chain restaurant corporations, seeking an injunction, civil penalties, and declaratory judgment that each of the restaurants was in violation of Proposition 65 and was required to disclose that its grilled chicken contained a carcinogen, trial court's entry of judgment in favor of the restaurants is reversed where: 1) the Poultry Products Inspection Act (PPIA) does not preempt Proposition 65's Safe Harbor Warning because there is no conflict between the warning and any federal policy concerning chicken; 2) the language of the Safe Harbor Warning, as already provided in the restaurants, is presumptively clear and reasonable; 3) the proposed warnings regarding "well cooked" or "thoroughly cooked" chicken, on their face, are not clear and reasonable; 4) the proposed warning mentioning "grilled chicken" does not conflict with federal policy; and 5) the Cooking Provision does not eliminate the possibility that a warning would be required.
Appellate Information
- Decided 08/12/2010
- Published 08/12/2010
Judges
- JOHNSON, J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- Norman A. Dupont, Forrest A. Hainline III