In a much anticipated decision, a California Court of Appeal has upheld a trial court ruling for the defense, finding that trace levels of lead in packaged fruits, vegetables and fruit juice products require no Proposition 65 warning to consumers. Environmental Law Foundation v. Beech-Nut, et al. In so doing, the Court of Appeal affirmed that the averaging of data to determine whether potential exposure is below the “safe harbor” is scientifically appropriate and consistent with applicable Proposition 65 regulations.
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