Charles v. Sutter Home Winery, Inc.

The Court of Appeal affirmed the trial court's judgment of dismissal based on the sustaining of a demurrer to plaintiffs' class action complaint under the California Safe Drinking Water and Toxic Enforcement Act of 1986, challenging the Proposition 65 warning provided by defendants for wines that contain purportedly unsafe levels of inorganic arsenic. The court held that the trial court properly sustained the demurrer based on the trial court's reasoning that disclosure of chemical ingredients in alcoholic beverages was not a requirement of the Act, and compliance with Proposition 65 was established as a matter of law where, as here, it was undisputed that the safe harbor warning for alcoholic beverages was provided to consumers of defendants' wines. The court also held that the demurrer would properly be sustained on res judicata grounds. View "Charles v. Sutter Home Winery, Inc." on Justia Law