Paul A. DOWHAL, Plaintiff and Appellant,
v.
SMITHKLINE BEECHAM CONSUMER HEALTHCARE, etc., et al., Defendants and Respondents.
Court of Appeals of California, First District, Division Five.https://leagle.com/images/logo.png
July 12, 2002.
Review Granted October 23, 2002.
Attorney(s) appearing for the Case
Eric S. Somers, Mark N. Todzo, Todd E. Robins, Lexington Law Group, LLP, San Francisco, for plaintiff and appellant.
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, Dennis Ragen, Susan S. Fiering, Deputy Attorneys General, Amicus Curiae on behalf of plaintiff and appellant.
James P. Bennett, Michelle B. Corash, Maria Chedid, Brooks M. Beard, Morrison & Foerster, LLP, San Francisco, Gene Livingston, Matthew J. Goldman, Livingston & Mattesich Law Corp, Sacramento, Paul D. Fogel, San Francisco, John E. Dittoe, Crosby, Heafey, Roach & May, Oakland, for defendants and respondents.
Catherine Hanson, Astrid Meghrigian, California Medical Association, San Francisco, Daniel E. Troy, Chief Counsel, Lynn Whipkey Mehler, Associate Chief Counsel, Heidi P. Foster, Assistant Chief Counsel, Food and Drug Administration, Robert D. McCallum, Jr., Assistant Attorney General, David W. Shapiro, United States Attorney, Douglass Letter, Peter R. Maier, Department of Justice, Amicus Curiae on behalf of defendants and respondents.
Court of Appeals of California, First District, Division Five.
JONES, P.J.
Appellant filed an action challenging the failure of respondents to place health warnings mandated by California's Proposition 65 on their nicotine delivery products, marketed over-the-counter as aids to stop smoking. The trial court granted summary judgment to respondents ruling that certain aspects of Proposition 65 are impliedly preempted by the Federal Food, Drug, and Cosmetic Act (FDCA) (21 U.S.C. § 301 et seq.). Because the FDCA contains a provision...
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