Consumer Cause, Inc. v. Weider Nutrition International Inc.

I. Introduction

This appeal concerns the Safe Drinking Water and Toxic Enforcement Act of 1986 (the act), Health and Safety Code sections 25249.5 through 25249.13, commonly known as Proposition 65 which was adopted by the voters in the November 4, 1986 General Election. At issue is the language of section 25249.6, which prohibits the knowing and intentional exposure of any person to a cancer-causing chemical without first providing a warning, except as provided in section 25249.10. Defendants, Weider Nutrition International, Inc., Weider Nutrition Group, Inc., and Weider Health & Fitness, produce products containing dehydroepiandrosterone (DHEA) and Androstenediols (Andró). DHEA and Andró are not contained on the list of chemicals known to the state to cause cancer. But after DHEA and Andró are ingested, a chemical reaction occurs which increases the natural levels of testosterone in the body. Testosterone can cause cancer. The parties disagree whether defendants must give the “clear and reasonable warning” mandated by section 25249.6 and draw upon issues relating to voter intent as well as statutory and regulatory language in their briefs. However, we agree with the…