CONSUMER CAUSE, INC, Plaintiff and Appellant,
v.
ARKOPHARMA, INC, et al. Defendants and Respondents.
Court of Appeals of California, Second District, Division Three.https://leagle.com/images/logo.png
February 28, 2003.
February 28, 2003.
Attorney(s) appearing for the Case
Law Offices of Morse Mehrban and Morse Mehrban, Los Angeles, for Plaintiff and Appellant.
Sidley Austin Brown & Wood, James M. Harris, Judith M. Praitis, Los Angeles, and Amy P. Lally, for Defendants and Respondents Arkopharma, Inc., Oakmont Investment Company, Inc., Nature's Way Products, Inc., Twin Laboratories, Inc., Herb Pharm, Flower Essence Services; Botanical Laboratories, Inc., and Mczand Herbal, Inc.
Hyman, Phelps & McNamara and Brian J. Donato, Irvine, for Defendant and Respondent Wakunaga of America Co., Ltd.
Weston Benshoof Rochefort Rubalcava MacCuish, Kurt Weissmuller, Los Angeles; Berman, Gaufin, Tomsic, Savage & Campbell and Stephen R. Waldron, Salt Lake City, UT, for Defendant and Respondent Action Labs, Inc.
Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, Theodora Berger, Assistant Attorney General, Craig Thompson and Edward G. Weil, Deputy Attorneys General, for People of the State of California as Amicus Curiae on behalf of Defendants and Respondents.
Court of Appeals of California, Second District, Division Three.
INTRODUCTION
KITCHING, J.
The Safe Drinking Water and Toxic Enforcement Act of 1986 (Health & Saf.Code, § 25249.5 et seq.,1 known as Proposition 65) requires a product containing "ethyl alcohol in alcoholic beverages" to bear a warning that the product contains a chemical "known to the state to cause reproductive toxicity." Defendants manufacture and sell liquid products containing herbal, botanical, floral, and similar...
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