Category: State Courts
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Court Stops OEHHA From Listing Styrene as Carcinogen
A California state judge has reportedly issued a tentative ruling on the styrene industry’s request to enjoin Proposition 65 (Prop. 65) regulators from listing styrene as a chemical known to the state to cause cancer. Styrene Info. & Research Ctr. v. OEHHA, No. 09-53089 (Cal. Super. Ct., Sacramento Cty., decided August 12, 2009). Further details about…
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Poultry Plant Workers File Donning and Doffing Lawsuit
South Carolina poultry production line workers have reportedly sued their employer, claiming they are not paid for the time they spend donning and removing safety gear. According to a news source, the complaint alleges that this can extend a worker’s shift by some 75 minutes each day. The employees also alleged that they are required…
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Proposed Prop. 65 Styrene Listing Challenged
An industry trade group has sued Cal/EPA’s Office of Environmental Health Hazard Assessment (OEHHA) to stop it from listing styrene as a carcinogen under the Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65). Styrene Info. & Research Ctr. v. OEHHA, No. 09-53089 (Cal. Super. Ct., Sacramento Cty., filed 07/15/09). According to the complaint, styrene…
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Vegan Group Seeks Cancer Warning on Hot Dogs
The Cancer Project, a vegan advocacy group affiliated with the Physicians Committee for Responsible Medicine (PCRM), has reportedly filed a putative consumer fraud class action on behalf of three New Jersey residents that seeks to require cancer-risk labels on hot dogs and other processed meats. Filed July 22, 2009, in New Jersey Superior Court, the…
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CSPI-Backed Action Against Denny’s Seeks Disclosure of Sodium Levels, Warning Notice
A consumer supported by the Center for Science in the Public Interest (CSPI) has reportedly filed a putative class action in New Jersey Superior Court, alleging that meals he purchased at Denny’s® restaurants contained “alarmingly large and undisclosed amounts of sodium.” DeBenedetto v. Denny’s Corp., No. ___ (N.J. Super. Ct., filed July 23, 2009). At…
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Disability Benefits Ordered for Hog Slaughterhouse Worker with Brucellosis
The Iowa Supreme Court has awarded disability benefits to a former slaughterhouse worker who allegedly contracted brucellosis from butchering hogs. IBP, Inc. v. Burress, No. 07-1887 (Iowa, decided July 10, 2009). The court determined that the disease was caused by a traumatic event and thus was a compensable injury under state law. So ruling, the court…
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Humane Society Lacks Standing to Challenge Foie Gras Rules, Says State Appeals Court
A New York appeals court has dismissed a lawsuit that sought a declaration from the state agricultural department that foie gras is an adulterated food product which poses a risk to human health. In re: Humane Soc’y of the U.S., Inc. v. Brennan, No. 506189 (N.Y. App. Div., decided June 18, 2009). According to the…
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Several Diacetyl Plaintiffs Settle Claims with Mustard Oil Manufacturer
A company that manufactures mustard oil supplied to the employers of food-flavoring workers who alleged they contracted bronchiolitis obliterans from occupational exposure to diacetyl and other chemicals, is seeking court confirmation of its good faith settlement with some of the workers. Ortiz v. Flavor & Extract Mfrs. Assoc. of the U.S., No. BC364831 (Cal. Super Ct.,…