American Meat Inst. v. Leeman, No. D053325

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.     

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Appellate Information

Filed December 22, 2009

Judges

Opinion by Judge Irion

Counsel
For 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