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CalChamber Wins Landmark Prop 65 Ruling

Adam Regele Environmental Regulation, General

California businesses scored a landmark victory last week when Chief District Judge Kimberly Mueller of the Eastern District of California granted CalChamber’s motion for a preliminary injunction barring the California Attorney General and anyone else from filing new lawsuits against businesses to enforce the Proposition 65 warning requirement for cancer as applied to acrylamide in food and beverage products. The ruling provides immediate and much welcomed relief to California businesses being bombarded with Prop 65 enforcement actions regarding food and beverage products containing acrylamide.

The California Office of Environmental Health Hazard Assessment (OEHHA) added acrylamide to the Proposition 65 list of carcinogens in 1990, but acrylamide was not detected in foods until 2002. Acrylamide is not intentionally added to food products but instead is formed naturally as a result of cooking or heating certain foods, such as coffee, roasted nuts, and breads, to name a few. The pervasive nature of acrylamide in everyday food and beverage products has made it an obvious target for Proposition 65 private enforcers who have already collected millions of dollars in attorney’s fees and costs against businesses.  Read More

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