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PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE v. McDONALD'S CORP.

No. B218089.

187 Cal.App.4th 554 (2010)

114 Cal. Rptr. 3d 414

PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE, Plaintiff and Appellant, v. McDONALD'S CORPORATION et al., Defendants and Respondents.

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

August 12, 2010.

Attorney(s) appearing for the Case

Richards, Watson & Gershon, Norman A. Dupont, T. Peter Pierce; and Daniel Kinburn for Plaintiff and Appellant.

Edmund G. Brown, Jr., Attorney General, Ken Alex, Assistant Attorney General, Dennis A. Ragen, Laura J. Zuckerman and Claudia Polsky, Deputy Attorneys General, as Amici Curiae on behalf of Plaintiff and Appellant.

Goodwin Procter, Forrest A. Hainline III, Robert B. Bader; Arnold & Porter, Trenton H. Norris and Sarah Esmaili for Defendants and Respondents.

OPINION

JOHNSON, J.—

Physicians Committee for Responsible Medicine (PCRM) appeals from the trial court's grant of summary judgment in favor of chain restaurant corporations. The trial court concluded that federal law preempted Proposition 65 warnings that grilled chicken contains a known carcinogen. We reverse.

FACTS

In January 2008, PCRM, a nonprofit organization self-described as "committed to promoting a safe and...

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