Tag archives: Proposition 65

California District Court grants preliminary injunction barring Prop 65 acrylamide lawsuits

Prop 65 claims for alleged exposure to acrylamide in food are all too common. In the first three months of 2021 alone there have been 109 acrylamide notices issued. Acrylamide is not a chemical that is intentionally added to food, but rather forms in many types of foods when cooked at high temperatures, including chips, French fries, baked goods, and coffee.

In the face of increased enforcement over acrylamide, including the ongoing coffee litigation, the California Chamber of Commerce filed a lawsuit against the California Attorney General seeking to halt enforcers from requiring companies to provide Prop 65 cancer … Continue Reading

Coffee roasters and retailers defeat Proposition 65 lawsuit

We previously wrote about a regulation issued last year by the California Office of Environmental Health Hazard Assessment (OEHHA) exempting chemicals in coffee from Proposition 65’s warning requirement.  The question then was what effect the new regulation would have on the long-pending industry-wide enforcement action brought by the Council for Education and Research on Toxics (CERT) over acrylamide in coffee. Well, we now have an answer.

The litigation, against approximately 75 roasters and retailers, was originally filed in 2011. Following two phases of trial on liability in 2014 and 2017, Los Angeles Superior Court Judge Elihu Berle had found that … Continue Reading

Proposition 65 listed chemical update

Here is the latest roundup of Proposition 65 chemical issues looming on the horizon for consumer products:

Newly Listed Chemicals:

  • N,N-Dimethyl-p-Toluidine, CAS No. 99-97-8, component of artificial fingernail preparations, intermediate in dye and pesticide synthesis, May 2, 2014
  • Pulegone, CAS No. 89-82-7, flavoring for food, drinks, dental products; fragrance for perfumes and aromatherapy; component of herbal medicines, April 18, 2014
  • Methyl isobutyl ketone (MIBK), CAS No. 108-10-1, used in paints, pesticide formulations, adhesives, wax/oil separation, leather finishing, textile coatings, March 28, 2014
  • Trichloroethylene, CAS No. 79-01-6, solvent in textiles, paint removers, and adhesives, Jan. 31, 2014
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