ICN Pharmaceuticals, Inc. v. State of California

The issue we resolve is a narrow one: Is the Department of Health Services (DHS) statutorily precluded from issuing hazard alerts notifying employers and employees of the potential risks of exposure to toxic materials? We find no statutory bar to preclude DHS from acting as a repository of information by interagency agreement with the Department of Industrial Relations (DIR) and, in that capacity, from issuing and disseminating alerts according to the terms of the agreement.

ICN Pharmaceuticals, Inc. (ICN) is the manufacturer of ribavirin, a medication used to treat critically ill infants and young children. DHS, and DIR, pursuant to an interagency agreement, established the Hazard Evaluation System and Information Service (HESIS). Hazard alerts are issued by the HESIS unit. In December 1990 DHS authorized issuance of a HESIS hazard alert warning pregnant health care workers to avoid exposure to ribavirin aerosol. DIR’s involvement with the ribavirin hazard alert does not appear on the record. On December 6, 1990, ICN sought ex parte writ and injunctive relief to prevent the DHS from issuing the proposed hazard alert. Following the denial of its application, ICN…