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CONSUMER CAUSE, INC. v. WEIDER NUTRITION

No. B147481.

111 Cal.Rptr.2d 823 (2001)

92 Cal.App.4th 363

CONSUMER CAUSE, INC., Plaintiff and Appellant, v. WEIDER NUTRITION INTERNATIONAL, INC. et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Five.

As Modified October 16, 2001.

Review Denied December 19, 2001.

Attorney(s) appearing for the Case

Morse Mehrban, Los Angeles, for Plaintiff and Appellant.

Livingston & Mattesich Law Corporation, Gene Livingston, Sacramento, and Rebecca M. Ceniceros, for Defendants and Respondents Weider Nutrition International, Inc.

Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, Theodora Berger, Senior Assistant Attorney General, Craig Thompson, Supervising Deputy Attorney General, Edward G. Weil and Susan S. Fiering, Deputy Attorneys General, as Amicus Curiae.

TURNER, P.J.

I. INTRODUCTION

This appeal concerns the Safe Drinking Water and Toxic Enforcement Act of 1986 (the act), Health and Safety Code1 sections 25249.5 through 25249.13, commonly known as Proposition 65, which was adopted by the voters in the November 4, 1986 General Election. At issue is the language of section 25249.6, which prohibits the knowing and intentional exposure of any person to a cancer-causing chemical without...

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