No. A139821.

235 Cal.App.4th 307 (2015)

ENVIRONMENTAL LAW FOUNDATION, Plaintiff and Appellant, v. BEECH-NUT NUTRITION CORPORATION et al., Defendants and Appellants.

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

March 17, 2015.

Attorney(s) appearing for the Case

Baron & Budd, Laura J. Baughman , Thomas M. Sims ; Law Office of April Strauss, April M. Strauss ; Environmental Law Foundation, James R. Wheaton and Lowell Chow for Plaintiff and Appellant.

Fulbright & Jaworski and Jeffrey B. Margulies for California Grocers Association and California Retailers Association as Amici Curiae on behalf of Plaintiff and Appellant.

David H. Williams ; Klamath Environmental Law Center and William Verick for Mateel Environmental Justice Foundation as Amicus Curiae on behalf of Plaintiff and Appellant.

Sally Magnani , Assistant Attorney General, Susan S. Fiering , Harrison Pollak and Elizabeth Rumsey , Deputy Attorneys General, for Attorney General Kamala D. Harris as Amicus Curiae on behalf of Plaintiff and Appellant.

Morrison & Foerster, Michele B. Corash , Linda E. Shostak , Robert L. Falk and Miriam A. Vogel for Defendants and Appellants Beech-Nut Nutrition Corporation, Golden Star Trading, Topco Associates LLC, Clement Pappas & Co., Inc., Cliffstar LLC, Del Monte Foods, Dole Packaged Foods, Gerber Products Company, The Hain Celestial Group, Inc., Independent Foods LLC, Pacific Coast Producers, Smucker Natural Foods, Inc., Kedem Foods Products International, Langer Juice Company, Inc., Seneca Foods Corp., Tree Top, Inc. Truitt Bros., Inc., and Welch's Foods, Inc., a Cooperative.

Rogers Joseph O'Donnell and Renee D. Wasserman for Defendants and Appellants CVS Pharmacy, Inc., Walgreen Co. and Save Mart Supermarkets.

Reed Smith and Thomas A. Evans for Defendant and Appellant Raley's. Foley & Lardner and Richard W. Lasater II for Defendant and Appellant Smart & Final, Inc.

Varner & Brandt and Brenden W. Brandt for Defendant and Appellant Stater Bros. Markets.

Nixon Peabody and Lisa A. Cole for Defendant and Appellant The Kroger Co.

O'Melveny & Meyers and Margaret A. Moeser for Defendant and Appellant Trader Joe's Company.

Bartko, Zankel, Bunzel & Miller, Michael D. Abraham ; Bartko, Zankel, Tarrant & Miller and Robert H. Bunzel for Defendant and Appellant Wal-Mart Stores, Inc.

Blaxter Law and James T. W. Blaxter for Defendant and Appellant Whole Foods Market California, Inc.

Fulbright & Jaworski and Jeffrey B. Margulies for Defendants and Appellants Lucerne Foods, Inc., Safeway, Inc., and Target Corporation.

Beeson Tayer & Bodine and Teague P. Paterson for Teamsters California State Council of Cannery & Food Processing Unions, International Brotherhood of Teamsters and Change to Win as Amici Curiae on behalf of Defendants and Appellants.

Downey Brand, Dale A. Stern , Steven H. Goldberg and Leila C. Bruderer for California League of Food Processors, California Farm Bureau Federation, Western Growers Association, Northwest Horticultural Council, Agricultural Council of California, California Canning Peach Association, and Grower Shipper Association of Central California as Amici Curiae on behalf of Defendants and Appellants.

Hogan Loveils US and Mark C. Goodman for Grocery Manufacturers Association and American Beverage Association as Amici Curiae on behalf of Defendants and Appellants.

Office of the Attorney General Proposition 65 Enforcement Office for Real Party in Interest State of California.



Plaintiff, the Environmental Law Foundation (ELF), filed a complaint against Beech-Nut Nutrition Corporation and various other food manufacturers, distributors, and retailers, seeking enforcement of the provisions of the Safe Drinking...

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