Conflicting Federal OTC Drug Law Preempts Prop 65
The California Supreme Court has ruled that FDA's actions in refusing permission to nicotine patch manufacturers to put Prop 65 warnings on their products in order to avoid scaring off consumers preempts an action to require the manufacturers to warn under Proposition 65. Download the opinion. [Word/PDF] We also have available the plaintiff's brief and defendant's opening brief.
calprop65.com
The California Supreme Court has ruled that FDA's actions in refusing permission to nicotine patch manufacturers to put Prop 65 warnings on their products in order to avoid scaring off consumers preempts an action to require the manufacturers to warn under Proposition 65. Download the opinion. [Word/PDF] We also have available the plaintiff's brief and defendant's opening brief.
calprop65.com