Environmental Law Foundation v. Wykle Research, Inc.

The Environmental Law Foundation (ELF) appeals from a summary judgment dismissing its complaint under the California Safe Drinking Water and Toxic Enforcement Act of 1986, Health and Safety Code section 25249.5 et seq. (Proposition 65 or the Act), against Wykle Research, Inc. (Wykle). ELF contends the trial court erred in holding that the warning of mercury toxicity Wykle includes with the dental amalgam it manufactures comes within the “safe harbor” provisions of the regulations issued under Proposition 65, conclusively establishing that the warning is “clear and reasonable” as required by Health and Safety Code section 25249.6. Whatever shortcomings there may be in the present regulatory scheme to ensure that dental patients are advised of the possible risks arising from the presence of mercury in the amalgam, we conclude that the trial court correctly determined that Wykle has satisfied its obligations under the current statutory and regulatory scheme.

Background

Wykle is a Nevada corporation, with no manufacturing facilities in California, which manufactures and distributes to California dentists filling material, or amalgam, used to restore teeth after the removal…