Mangini

J.G. Durand International (Durand) appeals from a preliminary injunction order which prevents it from selling certain patterns of leaded crystal stemware in California unless it provides consumers with a notice which warns about exposure to lead. Durand contends the injunction must be set aside because the trial court (1) failed to order the plaintiff to post an injunction bond, and (2) improperly delegated its judicial responsibilities to the Attorney General in violation of the constitutional separation of powers.

We find the first of these arguments persuasive and will reverse the preliminary injunction.

I. Factual and Procedural Background

In 1986, the voters of this state approved Proposition 65 which added sections 25249.5 through 25249.13 to the Health and Safety Code. Under Health and Safety Code section 25249.6, persons doing business in this state are prohibited from intentionally exposing any individual to a chemical which is known to the state to cause cancer or reproductive toxicity unless a clear and reasonable warning is given. The parties to this appeal agree that lead is one of the chemicals which triggers a warning obligation under Health and Safety…