Client is a sausage manufacturer who received a Prop 65 notice of violation with a cover letter threatening if the case were not settled (on plaintiff’s terms) there would also be a class action filed for failure to disclose the Prop 65 filing on the product label. Such “double dipping,” is permitted by the courts, allowing the plaintiff to seek two entirely different avenues of recovery for a single alleged violation. The Food Lawyers examined the matter and determined that plaintiff’s Prop 65 claim was federally preempted by the United States Federal Meat Inspection Act. This operated to defeat both the Prop 65 claim and the threatened class action. Plaintiff abandoned both cases without the payment of any settlement money.
