Allenby

Plaintiff, d-Con Company (d-con), moves for partial summary judgment, seeking a declaratory judgment that the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq., (FIFRA), preempts defendants from imposing warnings under California’s Safe Drinking Water and Toxic Enforcement Act, better known as Proposition 65 (Prop 65). Plaintiff also challenges Prop 65 on Commerce Clause grounds, but did not address that claim in this motion.

Defendants filed a cross-motion for partial summary judgment and a motion to transfer the case to the Eastern District of California. Having duly considered all pleadings and heard the arguments of counsel, this Court hereby GRANTS defendant's motion for partial summary judgement.

FACTS

In 1986, California voters enacted Proposition 65. The portion of Prop 65 at issue in this case is contained in California Health and Safety Code § 25249.6:

Section 25249.11(f) further provides:

The California Health and Welfare Agency issued regulations which define the acceptable ways of giving “clear and reasonable warning” pursuant to Prop 65. Adopting a “safe harbor” format, the regulations identify certain methods of providing warnings for…