Paul DOWHAL, Plaintiff and Appellant,
v.
SMITHKLINE BEECHAM CONSUMER HEALTHCARE et al., Defendants and Respondents.
Supreme Court of Californiahttps://leagle.com/images/logo.png
April 15, 2004.
April 15, 2004.
Attorney(s) appearing for the Case
Lexington Law Group, Eric S. Somers, Mark N. Todzo, San Francisco, Todd E. Robins and Howard J. Hirsch, Orange, for Plaintiff and Appellant.
Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Richard M. Frank, Chief Assistant Attorney General, Theodora Berger, Assistant Attorney General, Craig C. Thompson, Edward G. Weil, Dennis Ragen and Susan S. Fiering, Deputy Attorneys General, for the People as Amicus Curiae on behalf of Plaintiff and Appellant.
Environmental Law Foundation, James R. Wheaton, Oakland, Iryna A. Kwasny; Public Citizen Litigation Group, Allison M. Zieve and Brian Wolfman, Washington, DC, for Public Citizen as Amicus Curiae on behalf of Plaintiff and Appellant.
Morrison & Foerster, James P. Bennett, Michèle B. Corash, Maria Chedid and Brooks M. Beard, San Francisco, for Defendants and Respondents GlaxoSmithKlineConsumer Healthcare, Alza Corp., Aventis Pharmaceuticals, Inc., Costco Wholesale Corp., Lucky Stores, Inc., Rite Aid Corp., Safeway Inc., and Walgreen Co.
Livingston & Mattesich Law Group, Livingston & Mattesich Law Corporation, Gene Livingston and Matthew J. Goldman, Sacramento, for Defendant and Respondent McNeil Consumer Products Company.
Crosby, Heafey, Roach & May, Reed Smith Crosby Heafey, John E. Dittoe, Oakland and Paul D. Fogel for Defendant and Respondent Pharmacia & Upjohn Company.
Covington & Burling, Steven J. Rosenbaum, Washington, DC and Darren D. Cooke for the Consumer Healthcare Products Association, the Cosmetic Toiletry and Fragrance Association, the Grocery Manufacturers of America and the Pharmaceutical Research and Manufacturers of America as Amici Curiae on behalf of Defendants and Respondents.
Catherine I. Hanson, Astrid Meghrigian, San Francisco and Hans P. Lee for California Medical Association as Amicus Curiae on behalf of Defendants and Respondents.
Robert D. McCallum, Jr., and Peter D. Keisler, Assistant Attorneys General, David W. Shapiro and Kevin V. Ryan, United States Attorneys, Barbara L. Herwig, Douglas Letter, Peter R. Maier, Washington, DC; Daniel E. Troy, Lynn Whipkey Mehler and Heidi P. Forster, Rockville, MD, for United States of America as Amicus Curiae on behalf of Defendants and Respondents.
Supreme Court of California
KENNARD, Acting C.J.
Plaintiff filed this action to challenge the failure of defendants to place health warnings mandated by California's Proposition 65 on products containing nicotine sold over the counter as aids to stop smoking. The trial court granted summary judgment to defendants, ruling that in this setting the requirements of Proposition 65 were impliedly preempted by the federal Food, Drug, and Cosmetic Act (FDCA) (21 U.S.C. § 301 et seq.). The Court...
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