Dowhal v. Smithkline Beecham Consumer Healthcare

Opinion

KENNARD, Acting C. J.

Plaintiff filed this action to challenge the failure of defendants to place health warnings mandated by California’s Proposition 65 on products containing nicotine sold over the counter as aids to stop smoking. The trial court granted summary judgment to defendants, ruling that in this setting the requirements of Proposition 65 were impliedly preempted by the federal Food, Drug, and Cosmetic Act (FDCA) (21 U.S.C. § 301 et seq.). The Court of Appeal reversed; we granted review.

We conclude: (1) Notwithstanding language in the FDCA exempting Proposition 65 from the…