Our client, a San Francisco, nationally-distributed food company, received a Prop 65 notice. Our test results showed no violation. We subpoenaed plaintiff’s test results that showed serious violation. Laboratory reports include the number of the scientific methodology used to conduct the testing — — something like 999.10 or 974.27; there are others. One of The Food Lawyers’ food science PhD’s looked at the test report and told us something was wrong with the testing. His 40 years of food law experience told him at a glance there was a problem. He researched the method and found it was one used for testing cosmetics, not food. All of plaintiff’s test results were invalidated. Plaintiff gave up the entire matter without the payment of any settlement money.
