Proposition 65 preemption upheld by California court
April 16, 2010
by Meat&Poultry staff
A defendant's petition for review a lower court's decision that ruled Proposition 65 is preempted by the Federal Meat Inspection Act was denied by the Supreme Court of California
In 2005, the American Meat Institute and the National Meat Association filed a lawsuit requesting a declaratory judgement that the FMIA preempted Proposition 65 in regards to warning labels being placed on meat products.
In December 2009, a California appellate court issued an opinion affirming a trial court decision that the FMIA preempts, with respect to labeling meat products, Proposition 65. Significantly, the appellate court held that "the FMIA expressly preempts point of sale warning requirements imposed by Proposition 65 with respect to meat..."
The defendant petitioned for review to the Supreme Court of California earlier this year and yesterday that court denied the petition.