California Court of Appeal

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Post Foods LLC v. Superior Court (Sowinski), 284057

Granted a writ of mandate compelling the superior court to dismiss a lawsuit that sought to force breakfast cereal manufacturers to display cancer warnings on cereal boxes. The manufacturers contended that any warnings California's Proposition 65 required on breakfast cereals containing the chemical acrylamide were preempted by federal law, because the warnings would pose an obstacle to federal policy objectives to increase Americans' consumption of whole grains. Agreeing that federal preemption applied, the Second Appellate District directed the superior court to vacate its order denying the cereal manufacturers' motion for summary judgment and enter an order granting the motion.

Appellate Information

  • Decided
  • Published 2018/07/16


  • Chaney


  • California Court of Appeal