PCRM Failed to Investigate Grilled Chicken Claims, Court Dismisses Prop. 65 Warning Suits

A California court has reportedly dismissed claims filed by the Physicians Committee for Responsible Medicine (PCRM) against fast-food chains, finding that the group failed to investigate its allegations before suing under Proposition 65 (Prop. 65). PCRM v. McDonald’s Corp., No. BC383722; PCRM v. KFC Corp., No. BC457193 (Cal. Super. Ct., Los Angeles Cty., decided August 15, 2012). Filed in 2008 and 2011, the suits alleged that the restaurants failed to warn consumers that their grilled chicken menu items contain PhIP, a chemical known to the state to cause cancer. Yet, PCRM did not apparently visit the restaurants until February 2012 to take pictures of the posted warnings. The restaurants reportedly post notices that some of their products contain cancer-causing chemicals and refer customers to nutritional brochures for additional details. They contend that their warnings comply with Prop. 65.

Information about similar litigation filed in San Francisco County appears in
Issue 320 of this Update. PCRM represents the interests of vegetarians and
advocates on behalf of animal rights. See Law360, August 15, 2012.