Appellate Court Overturns Decision Regarding Implied Preemption of Proposition 65

SAN FRANCISCO- A California Appeals court has overturned a trial court's decision that granted SmithKline's motion for summary judgment on the grounds that the Food, Drug and Cosmetic Act (FDCA) preempted California's Proposition 65 regarding warnings on nicotine delivery products. Dowhal v. SmithKline Consumer Healthcare, et al., No. A094460 (Calif. Co. Appeals First Dist.).

The appellate court found that the trial court erred in its decision because the FDCA contains a provision that makes Proposition 65 exempt from federal preemption. Presiding Justice Barbara Jones penned the July 12 ruling with a concurring decision from Associate Justice Mark Simons.

SmithKline manufactures …