PepsiCo Prop. 65 Claim Proceeds, Claims Not Preempted in 4-MeI Class Action

Proposition 65-based claims in a proposed class action alleging PepsiCo exposed California consumers to the chemical 4-MeI at levels that exceed the law’s exposure threshold will go forward (Sciortino v. PepsiCo, Inc., 2015 BL 178953, N.D. Cal., C-14-0478 EMC, 6/5/15).

Judge Edward M. Chen of the U.S. District Court for the Northern District of California dismissed one named plaintiff’s claim, but said the dismissal will have “little practical effect” because a second named plaintiff may proceed.

Pepsico Inc. moved to dismiss the consolidated amended complaint in a putative consolidated class action, contending, in part, that plaintiffs Mary ...