California Court Declares Prop. 65 Warnings for Meat Products Preempted

A California court of appeal recently determined that the Federal Meat Inspection Act (FMIA) preempts point-of-sale or other warning labels on meat products under Proposition 65 (Prop. 65). Am. Meat Inst. v. Leeman, No. D053325 (Cal. Ct. App., decided December 22, 2009).

In 2004, Whitney Leeman notified a number of meat processors and retailers in California that she intended to file a citizen suit against them alleging violations of Prop. 65 for their failure to provide warnings that their beef products contained dioxins and PCBs, chemicals known to the state to cause cancer or reproductive toxicity. The companies’ trade association filed a complaint seeking declaratory relief, and the trial court, finding implied, but not express, federal preemption, granted the association’s motion for summary judgment.

The court of appeal focused for the most part on defining “labeling,” because Leeman argued that point-of-sale warnings do not constitute labeling under the FMIA, which contains an express preemption provision for “labeling” requirements “in addition to, or different than, those made under this chapter.” Finding that labeling encompasses point-of-sale warnings, the court affirmed the lower court’s
preemption ruling.

The American Meat Institute’s president expressed the organization’s satisfaction with the ruling, stating “Federal labeling requirements provide the necessary information to inform consumers about the meat products they purchase. The court has agreed with our view that state laws that conflict with federal laws will confuse the consumer and should be preempted.” See American Meat Institute Press Release, December 23, 2009.