Post Foods, LLC v. Superior Court
Annotate this CasePetitioners sought a writ of mandate directing the superior court to vacate its order denying their motion for summary judgment and issue an order granting the motion. The Court of Appeal issued a stay pending this court's resolution of the petition and an order to show cause why a writ of mandate should not issue. In this case, real party in interest's complaint alleged that petitioners' breakfast cereals were required by California's Proposition 65 to display cancer and reproductive harm warnings because they contain acrylamide. The court held that the Proposition 65 claim was preempted by federal law and granted the petition. The court directed the superior court to vacate its order denying petitioners' motion and enter a new and different order granting the motion.
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