The Second Appellate District reversed a judgment. The court held that federal law regulating the sale of raw poultry did not preempt California law mandating the posting of warnings in restaurants that food sold on the premises may contain chemicals known to cause cancer.
Physicians Committee for Responsible Medicine (PCRM) sued McDonald’s Corporation and six other chain restaurant corporations, all of which served grilled chicken in their restaurants in California. PCRM sought to enjoin the restaurants’ sale of grilled chicken until such time as the restaurants posted warnings alerting patrons that that the cooking process used to grill the chicken created a chemical called PhIP, which was a known carcinogen. PCRM argued the warnings were required under Proposition 65, under which restaurants and other businesses were required to provide persons with a “clear and reasonable warning” before exposing consumers to carcinogenic chemicals.
