…In January 2008, PCRM, a nonprofit organization self-described as “committed to promoting a safe and healthful diet and to protecting consumers from food and drink that are dangerous or unhealthful”, filed a complaint in Los Angeles Superior Court against seven chain restaurant corporations (Restaurants), seeking an injunction, civil penalties, and declaratory relief to prevent the Restaurants “from continuing to sell grilled chicken products to consumers without clear and reasonable warnings about the carcinogenic effects of those products.” The complaint alleged that McDonald’s, TGI Friday’s, Applebee’s, Chick-Fil-A, Chili’s, and Outback Steakhouse each sold grilled chicken products to consumers in California, and that the cooking process used to grill the chicken created a chemical called PhIP. The complaint alleged that warnings about the PhIP in grilled chicken were required under the California Safe Drinking Water and Toxic Enforcement Act of 1986, Health and Safety Code sections 25249 et seq. (Proposition 65), “under which restaurants and other businesses must provide persons with a `clear and reasonable warning’ before exposing consumers to carcinogenic chemicals in the food that they sell and serve.” The complaint requested an injunction requiring each of the Restaurants to provide warnings and pay statutory civil penalties of up to $2,500 per violation, and a declaratory judgment that each of the Restaurants was in violation of Proposition 65 and was required to disclose that its grilled chicken contained a carcinogen…
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