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PEOPLE EX REL. BROWN v. TRI-UNION SEAFOODS, LLC

No. A116792.

171 Cal.App.4th 1549 (2009)

THE PEOPLE ex rel. EDMUND G. BROWN, JR., as Attorney General, etc., et al., Plaintiffs and Appellants, v. TRI-UNION SEAFOODS, LLC, et al., Defendants and Respondents. PUBLIC MEDIA CENTER, Plaintiff and Appellant, v. TRI-UNION SEAFOODS, LLC, et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Four.

March 11, 2009.

Attorney(s) appearing for the Case

Edmund G. Brown, Jr., Attorney General, Tom Greene and Janet Gaard, Chief Assistant Attorneys General, Theodora P. Berger, Assistant Attorney General, Edward G. Weil, Susan S. Fiering and Harrison M. Pollak, Deputy Attorneys General, for Plaintiff and Appellant The People.

Deborah A. Sivas for Plaintiff and Appellant Public Media Center.

Michael E. Wall for San Francisco Medical Society, San Francisco Bay Area Physicians for Social Responsibility, Jane Hightower, M.D., Natural Resources Defense Council, Inc., Oceana, Inc., and Mercury Policy Project as Amici Curiae on behalf of Plaintiffs and Appellants.

Goodwin Procter, Forrest A. Hainline III and Robert B. Bader for Defendants and Respondents.

OPINION

REARDON, J. —

There is no dispute that methylmercury is a reproductive toxin that can harm a developing fetus, and that the primary path for human exposure to methylmercury is consumption of fish. All canned tuna distributed by respondents1 in California contain traces of methylmercury, yet no warnings appear on tuna cans or accompany the sale of canned tuna in this state. This litigation, prosecuted...

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