Product Identification in Consumer Protection Cases

We encountered a defense counsel who mistook a Proposition 65 case for a personal injury case and attmpted to lead the court into multiple product identification hearings, asking the court to dismiss the claim based on his finding that a "day code" attached by his client-product manufacturer- to the product packaging, was washed out and not readable.

We filed a brief with the court, explaining why any manufacturer's identificatior, such as "day code," is irrelevant for a statutory compliance and consumer protection case, such as Proposition 65, with arguments below; the court vacated the hearing and the discovery into the product identification issue. Read here.