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Consumer Advocacy Group v. Kintetsu Enters. of Am.

ELR Citation: 37 ELR 20111
Nos. No. B158840, (Cal. App. 2d Dist., 05/14/2007)

A California appellate court reversed in part a lower court decision dismissing a consumer group's complaints against various hotels and retail establishments for secondhand smoke and tobacco exposure. The group alleged that the defendants violated California Proposition 65 by exposing individuals to secondhand smoke without providing a reasonable warning. The lower court dismissed the complaints as overbroad. But the mere claim that the notices are overbroad is insufficient to demonstrate their invalidity. The court, therefore, reversed the dismissal of complaints as to those defendants upon whom the group served valid notice.