In a major development under California’s Proposition 65, California cannot require warnings for exposures to acrylamide in food. This is welcome news for stakeholders in a legal regime that has gone largely unchecked over the years and provides hope that Proposition 65 may be constrained in other circumstances too.
Proposition 65 is California’s unique right-to-know law that requires companies to provide a warning before exposing consumers to a chemical known to the state to cause cancer or reproductive toxicity. Acrylamide as an industrial ingredient was added to the list in 1990 after studies showed it produced cancer in rats and mice, even though epidemiologic studies have not proven a link to cancer in humans and the U.S. Food and Drug Administration said warning labels about acrylamide in food might be misleading.
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