San Francisco Superior Court Judge John Munter ruled that dietary supplements are included in the definition of “foods”under Proposition 65, following a pre-trial motion the sole issue was whether dietary supplements are foods under California law. The consequence of this definition is that the supplement makers can avail themselves of the defense (under the proper circumstances) that the prop 65 chemical at issue in the supplement is “naturally occurring,” and exempt from the statute’s requirements. The Court looked in part to the federal definitions for support. This case came in a decision brought against several supplement companies with respect to lead. (SFSC Case No. CGC09-488136)
About This Blog
The Real Estate & Environmental Law Blog aspires to inform the California building and real estate industry about commercial real estate legal developments, recent deals, new projects and the status of the national and regional real estate market. The blog’s objective is to serve as a forum to discuss real estate developments, litigation, regulations, policy and trends.