Halt to Proposition 65 Warning on Acrylamide in Food Affirmed

The California Chamber of Commerce is entitled to a preliminary injunction against requiring a cancer warning on food containing acrylamide under Proposition 65 because the business group is likely correct that enforcement of such a warning would be unconstitutional, the Ninth Circuit affirmed Thursday.

Sufficient evidence supports the district court’s conclusion that the warning about acrylamide—a chemical created when foods are heated to high temperatures—is controversial, the U.S. Court of Appeals for the Ninth Circuit said. “The court similarly did not abuse its discretion in finding the warning is misleading” because the chemical isn’t “known” to the state to cause ...