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Tuna off the hook for Prop 65 warning

This article was originally published in The Tan Sheet

Executive Summary

The California Court of Appeals serves food companies a narrow victory in a Prop 65 suit brought by the California attorney general against tuna companies for not warning that tuna includes methylmercury. The court ruled March 11 the companies did not need to include a Prop 65 warning because federal law pre-empted the state regulation in the case, the amount of methylmercury did not meet the threshold to trigger a warning and the chemical occurs naturally in tuna. The decision adds the warning was not necessary because chemical exposure can be averaged over time





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