Forcing companies to disclose harmful chemicals in their products sounds like a no-brainer. It did for a majority of voters in California, who in 1986 adopted such a measure, known as Proposition 65. But what if you’re certain your product contains too little of a toxic substance to pose any threat, and including it on a label would scare customers away?
Accused of failing to warn consumers about lead in baby food, Beech-Nut Nutrition Corp. and other major food companies turned to Morrison & Foerster, where partner Michèle Corash has been battling Prop 65 since before it became law. Corash’s efforts paid off this week, turning a potential nightmare for the companies into a litigation victory that’s bound to have ripple effects for other businesses.
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