Physicians Committee for Responsible Medicine v. McDonald's Corp.

Physicians Committee for Responsible Medicine (PCRM) appeals from the trial court’s grant of summary judgment in favor of chain restaurant corporations. The trial court concluded that federal law preempted Proposition 65 warnings that grilled chicken contains a known carcinogen. We reverse.

FACTS

In January 2008, PCRM, a nonprofit organization self-described as “committed to promoting a safe and healthful diet and to protecting consumers from food and drink that are dangerous or unhealthful,” filed a complaint in Los Angeles Superior Court against seven chain restaurant corporations (Restaurants), seeking an injunction, civil penalties, and declaratory relief to prevent the Restaurants “from continuing to sell grilled chicken products to consumers without clear and reasonable warnings about the carcinogenic effects of those products.” The complaint alleged that McDonald’s, TGI Friday’s, Applebee’s, Chick-Fil-A, Chili’s, and Outback Steakhouse each sold grilled chicken products to consumers in California, and that the cooking process used to grill the chicken created a chemical called PhIP. The complaint alleged that warnings about the PhIP in grilled chicken were…