Prop. 65 Roundup November

9th Cir. Won’t Revisit Injunction Barring Prop. 65 Cases Over Acrylamide in Food Products

LawStreet 
On Wednesday, the United States Court of Appeals for the Ninth Circuit denied a petition for a rehearing en banc brought by intervenor-defendant-appellant Council for Education and Research on Toxics (CERT), an advocacy group which claims expertise on acrylamide issues. 

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California regulators set to consider new Proposition 65 labels

Northern California Record
As California environmental regulators prepare to review Proposition 65 additions, concerns persist about the impact of such labels on items without clear evidence they are harmful, and the torrent of related litigation that threatens to shut down businesses.

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Industry Argues California Lacks Data To List Antimony Under Prop. 65

InsideEPA
Three major industry and business groups are charging that California’s health hazard office lacks enough scientific data to support its recent proposal to list trivalent antimony compounds — a range of metalloids widely used to make flame retardants, batteries, glass and other items — under the state’s Proposition 65 toxic warning label law as carcinogens.

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OEHHA Notices

Safe Harbor Warning Regulation for Exposures to Acrylamide from Food

On October 26, 2022, the Office of Administrative Law approved the Office of Environmental Health Hazard Assessment’s proposal to amend Title 27, California Code of Regulations by adding new subsection 25607.2(b) to Section 25607.2. This new subsection addresses warning content for exposures to acrylamide in food by providing an additional non-mandatory, safe harbor warning option for businesses that cause significant exposures to acrylamide in foods.

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