California Chamber’s Prop 65 Win Seen to Spur More Challenges

Lawsuits challenging California’s consumer warning requirement for products with certain hazardous chemicals are likely if a recently granted temporary injunction against warnings becomes permanent, according to attorneys tracking the case.

The U.S. Court of Appeals for the Ninth Circuit ruled on March 17 that the California Chamber of Commerce was entitled to an injunction that temporarily bars the state and any private litigants from enforcing Proposition 65 against businesses that don’t warn consumers that acrylamide in food is known to the state of California to cause cancer. Acrylamide is used in certain industrial processes, and also naturally occurs in some ...