A federal judge tentatively dismissed a talcum powder lawsuit despite Johnson & Johnson’s pleas not to toss the case.

At a hearing Monday, U.S. District Judge George Wu of the Central District of California said he would dismiss the case, brought under California’s Safe Drinking Water and Toxic Enforcement Act of 1986, commonly referred to as Proposition 65. Johnson & Johnson had fought the move, accusing plaintiffs lawyer Mark Lanier, of the Lanier Law Firm in Houston, of purposely stalling the case, which had been set for trial for Oct. 15.

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