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A federal judge has granted a permanent injunction against California’s enforcement of Proposition 65 warnings for dietary acrylamide, ruling it violates First Amendment rights. Judge Calabretta found the warnings misleading and inconsistent with scientific consensus, favoring the California Chamber of Commerce’s challenge. As the case highlights regulatory concerns over food labeling and public health, implications for future practices are significant.

California – A federal judge has issued a permanent injunction that prevents California from enforcing Proposition 65 warnings regarding dietary acrylamide, a chemical associated with certain food products. U.S. District Judge Daniel Calabretta made the ruling in favor of the California Chamber of Commerce, deciding that the requirement violated First Amendment rights by providing misleading information to consumers.

The judge’s ruling, which grants the Chamber’s motion for summary judgment, stated that the Proposition 65 warnings suggested that acrylamide is harmful to humans, despite ongoing debates within the scientific community about its potential carcinogenic effects. As such, Judge Calabretta concluded that compelling businesses to display these warnings would infringe upon their constitutional rights.

Acrylamide is utilized in the production of plastics and is also generated when treating drinking water. Additionally, it can naturally occur in certain foods, particularly those that are fried or cooked at high temperatures, such as potatoes and grains. While studies have indicated a link between acrylamide and cancerous tumors in laboratory rats, there remains no scientific consensus concerning its effects on human health. Some regulatory bodies, such as the International Agency for Research on Cancer and the U.S. Environmental Protection Agency, classify acrylamide as “likely to be carcinogenic to humans.”

Proposition 65, which was enacted in 1986, requires the state of California to publish an annual list of chemicals that are known to cause cancer or reproductive toxicity. Businesses are mandated to provide explicit warnings about these chemicals to avoid facing substantial penalties, reaching as much as $2,500 per day for non-compliance. The California Chamber of Commerce filed a lawsuit in 2019, arguing that the warning about dietary acrylamide not only misled consumers but also infringed upon their First Amendment rights.

In early 2021, a judge had previously issued a preliminary injunction against the warning, prompting California to modify the wording of the warning label. However, the recent ruling by Judge Calabretta goes further, finding that California’s arguments for maintaining the Prop 65 warnings were insufficient to meet necessary legal standards. The ruling indicates that there are alternative methods for the state to safeguard public health without resorting to potentially deceptive warnings.

The president and CEO of the California Chamber of Commerce described the judgment as a significant victory, resolving a long-standing controversy regarding the labeling of dietary acrylamide. This ruling represents a major setback for California’s regulatory framework concerning food labeling and public health warnings related to dietary acrylamide.

As of this publication, the California Department of Justice has yet to comment on the implications of this ruling or what steps may be taken in response.

The outcome of this case may influence future regulatory practices regarding food safety and labeling in California and beyond. The federal judgment underscores the importance of ensuring that public health warnings are based on sound scientific evidence and present clear, accurate information to consumers.

Federal Judge Blocks California’s Dietary Acrylamide Warnings

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