Consumer Advocacy Group, Inc. v. Kintetsu Enterprises of America

INTRODUCTION

Pursuant to the order of the Supreme Court of California, we vacated our opinion filed May 17, 2005. We hereby issue the following opinion which considers Californians for Disability Rights v. Mervyn’s, LLC (2006) 39 Cal.4th 223 [ 46 Cal.Rptr.3d 57 , 138 P.3d 207 ] and Branick v. Downey Savings & Loan Assn. (2006) 39 Cal.4th 235 [ 46 Cal.Rptr.3d 66 , 138 P.3d 214 ].

Three of the four consolidated appeals require us to apply Health and Safety Code section 25249.7 and California Code of Regulations, title 22, section 12903 (section 12903) to review the notice served by Consumer Advocacy Group, Inc: (CAG), on hundreds of hotels and retail establishments. In its notice, CAG alleged that respondents violated Proposition 65 by exposing individuals to secondhand smoke, tobacco, and tobacco products without providing a reasonable warning. Respondents persuaded the trial court that CAG’s notices were overbroad and therefore invalid. As a result, the court dismissed CAG’s numerous complaints.

We hold that notice, for purposes of Proposition 65, must be specific and must inform the targeted hotels and retail establishments and the public prosecutor of the nature of…