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Aug. 26 – US: In Cancer-warning Fight, Court Rules Against California Restaurants

From: Los Angeles Times

California appellate court this week reignited a case that alleges that the chicken-grilling process used by McDonald’s Corp., TGI Friday’s, Applebee’s, Chick-fil-A, Chili’s and Outback Steakhouse creates a cancer-causing chemical — and therefore that state law requires the restaurateurs to warn consumers about it.

A watchdog group called Physicians Committee for Responsible Medicine  said it tested grilled chicken samples from a variety of restaurants. They found, according to court documents, the presence of the chemical PhIP…So they sued seven chains in 2008 in Los Angeles Superior Court, claiming that California law required the businesses to give customers a “clear and reasonable warning” about carcinogenic products in their food.

The lower court granted a summary judgment in favor of the restaurants in 2009. But on Thursday, the state’s Second District Court of Appeal reversed that judgment, and ruled that a federal law for cooking chicken didn’t preempt the state warning requirements.

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