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AMERICAN MEAT INSTITUTE v. LEEMAN

No. D053325.

180 Cal.App.4th 728 (2009)

AMERICAN MEAT INSTITUTE et al., Plaintiffs and Appellants, v. WHITNEY R. LEEMAN, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

December 22, 2009.

Attorney(s) appearing for the Case

Morrison & Foerster, Michele B. Corash, Maria Chedid, William F. Tarantino and Joanna E. Herman for Plaintiffs and Appellants.

Hirst & Chanler, Clifford A. Chanler and David Lavine for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dennis A. Ragen and Claudia Polsky, Deputy Attorneys General, as Amicus Curiae on behalf of Defendant and Appellant.

OPINION

IRION, J.—

American Meat Institute and National Meat Association (the Trade Associations) filed suit against Whitney R. Leeman seeking a declaration that the consumer warnings required by the California Safe Drinking Water and Toxic Enforcement Act of 1986, Health and Safety Code section 25249 et seq., commonly known as Proposition 65, are preempted by the Federal Meat Inspection Act (21 U.S.C. § 601 et seq. (the FMIA))....

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