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.
Read American Meat Inst. v. Leeman, No. D053325 [HTML]
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Appellate Information
Filed December 22, 2009
Judges
Opinion by Judge Irion
CounselFor Appellant: Morrison & Foerster, Michele B. Corash, Maria Chedid, William F. Tarantino and Joanna E. Herman
For Appellee: Hirst & Chanler, Clifford A. Chanler and David Lavine
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