Macias v. State of California

In Macias v. State of California (1995) 10 Cal.4th 844, the Governor declared a state of emergency authorizing the helicopter spraying of insecticide to control a fruit fly infestation. The plaintiff, who claimed to have been injured by contact with the insecticide spray, sued the manufacturers and distributors. He alleged that the manufacturers and distributors had a duty to warn the public after they became aware of alleged deficiencies in the state's warnings. The court held they had no such duty. In so holding, the court stated: "To impose a common law duty to intervene in a declared state of emergency would represent an unprecedented intrusion on the State's police power to protect the citizens and economy of California in times of extreme peril. To authorize, indeed to compel, a party to undermine the public health warnings promulgated and published by the State under a specific statutory mandate could severely compromise the government's ability to respond effectively to the emergency." (Id. at p. 847.)