Environmental Law Found. v. Beech-Nut Nutrition
Annotate this CasePlaintiff, 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 Water and Toxic Enforcement Act of 1986 (commonly referred to as Proposition 65). ELF alleged certain of defendants’ products contain toxic amounts of lead sufficient to trigger the duty to provide warnings to consumers. After a bench trial, the trial court entered judgment in favor of defendants, concluding they had no duty to warn because they satisfactorily demonstrated that the average consumer’s reasonably anticipated rate of exposure to lead from their products fell below relevant regulatory thresholds. ELF appealed that ruling, but finding no reversible error, the Court of Appeal affirmed.
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