SOWINSKI V. POST FOODS, LLC

MOTION FOR SUMMARY JUDGMENT

TENTATIVE RULING

Deny motion for summary judgment

I. Background

Plaintiff Richard Sowinski has brought this action, pursuant to Proposition 65 (codified at California Health & Safety Code §25249.6, et seq.) against Defendants Post Foods, General Mills, Inc., General Mills Sales, Inc., and Kellogg, USA (makers of breakfast cereal). In the Complaint, Plaintiff alleges that Defendants exposed the public to acrylamide in cereals without warning. [Complaint, ¶10.] Plaintiff alleges a single claim for violation of Health & Safety Code §25249.6 (Proposition 65, or “Prop 65”).

Defendants move for summary judgment, on grounds that the Prop 65 claim is preempted by federal law under the doctrines of express preemption and conflict preemption.

II. Defendants’ Request for Judicial Notice is granted as to Exhibit 1, pursuant to Evidence Code §452(d), as the complaint is a record of the Court in this action and is subject to judicial not