The Ninth Circuit has denied the Council for Education and Research on Toxics' petition for an en banc reconsideration of a March 2022 decision upholding a preliminary injunction on enforcing mandated warnings on products containing acrylamide under the Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65). Cal. Chamber of Com. v. Council for Education and Research on Toxics, No. 21-15745 (9th Cir., entered October 26, 2022). The order denying the rehearing is brief, but one circuit judge issued a statement respecting the denial but asserting that the court should have granted the petition for rehearing. "The right to access the courts is one of 'the most precious of the liberties safeguarded by the Bill of Rights.' [] But in this opinion, without basis in law or precedent, this Court narrows that fundamental right. The panel opinion closes the courtroom doors to all those seeking to enforce provisions…
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A California federal court has ruled that the state "has not shown that the cancer warnings it requires are purely factual and uncontroversial" or "that Proposition 65 imposes no undue burden on those who would provide a more carefully worded warning." Cal. Chamber of Com. v. Becerra, No. 19-2019 (E.D. Cal., entered March 29, 2021). The California Chamber of Commerce filed a lawsuit seeking to enjoin new lawsuits from enforcing the Safe Drinking Water and Toxic Enforcement Act (Prop. 65) against foods that contain acrylamide. The court considered evidence on the toxicity of acrylamide, finding that "some evidence does support such an inference" that eating food with acrylamide will increase a person's risk of cancer, but "dozens of epidemiological studies have failed to tie human cancer to a diet of food containing acrylamide. Nor have public health authorities advised people to eliminate acrylamide from their diets. They have at most…
The California Chamber of Commerce (CalChamber) has filed a lawsuit aiming to prevent the state from “enforcing a requirement to provide a false, misleading, and highly controversial cancer warning for food and beverage [] products that contain the chemical acrylamide.” Cal. Chamber of Commerce v. Becerra, No. 19-0962 (E.D. Cal., filed October 7, 2019). CalChamber asserts that acrylamide “is not intentionally added to foods” but rather “is formed naturally in many types of foods when cooked at high temperatures or otherwise processed with heat.” The complaint argues that although “certain governmental and scientific entities” have identified acrylamide as a carcinogen, “[s]cientific studies in humans, however, have found no reliable evidence that exposure to acrylamide in food products is associated with an increased risk of developing any type of cancer. In fact, epidemiologic evidence suggests that dietary acrylamide—i.e., acrylamide that forms naturally in normal cooking of many food products—does not cause…
The Center for Food Safety has filed a lawsuit alleging Dr. Praeger’s Sensible Foods Inc. violates California's Safe Drinking Water and Toxic Enforcement Act (Prop. 65) by failing to warn consumers that its children’s food products contain levels of acrylamide in excess of 0.2 micrograms per day. Ctr. for Food Safety v. Dr. Praeger’s Sensible Foods, Inc., No. RG18915114 (Cal. Super. Ct., Alameda Cty., filed August 1, 2018). The advocacy group alleges that four of the company’s frozen vegetable products contain levels of acrylamide outside of safe-harbor limits and that none of the products carry the “clear and reasonable warning” required by Prop. 65. The complaint seeks injunctive relief, civil penalties and attorney’s fees.
Researchers in France and Brazil have concluded that a 10 percent increase in the consumption of ultra-processed foods is associated with a "significant increase of greater than 10% in risks of overall and breast cancer." Thibault Fiolet, et al., "Consumption of ultra-processed food and cancer risks: results from NutriNet-Santé prospective cohort," BMJ, February 14, 2018. The study, which involved surveying records of more than 100,000 participants, asserts that ultra-processed fats and sauces along with sugary products and drinks were associated with an increased risk of overall cancer, while ultra-processed sugary products were also associated with a higher risk of breast cancer. The researchers hypothesized that the findings were caused by the "generally poorer nutritional quality of diets rich in ultra-processed foods," the wide range of additives used, and heat-related processing and preparation that produce neoformed contaminants such as acrylamide.
The U.K. Food Standards Agency (FSA) has released its fourth Food Surveillance Information Sheet analyzing acrylamide and furan levels in 248 retail products from 10 food groups. Conducted from 2007 to 2011, the survey apparently revealed “an upward trend in acrylamide levels in processed cereal-based baby foods (excluding rusks), and a reduction in other products, such as pre-cooked French fries, potato products for home cooking and bread.” Although FSA did not note any concern for human health risks, it reported that, of the 248 products surveyed, 13 samples contained acrylamide levels “that exceeded the ‘indicative value’ (IV) for their food group” and therefore warrant investigation by “the relevant local authority.” “The Agency advises that chips should be cooked to a light golden color. Bread and bread products should also be toasted to the lightest color possible,” stated FSA, which will send its findings to the European Food Safety Authority for…
The Metzger Law Group has filed a lawsuit under the Safe Drinking Water and Toxic Enforcement Act (Prop. 65) on behalf of the Council for Education and Research on Toxics (CERT), seeking an order to require coffee makers and retailers to warn consumers that coffee contains acrylamide, a chemical known to the state to cause cancer. CERT v. Brad Berry Co., Ltd., No. BC461182 (Cal. Super. Ct., Los Angeles Cty., filed May 9, 2011). The defendants include manufacturing companies, coffee shops and major food retailers. Raphael Metzger and CERT have filed a number of Prop. 65 lawsuits, including claims against fast-food restaurants, for failing to warn consumers about the acrylamide in fried and baked potatoes. Acrylamide, formed when certain foods are roasted, baked or exposed to high-temperature cooking processes other than boiling or steaming, has been listed as a carcinogenic chemical in California since 1990, but was not discovered in…
The Environmental Protection Agency (EPA) has announced the addition of 134 chemicals to its second Tier 1 screening list under the Endocrine Disruptor Screening Program (EDSP). Among those chemicals listed are DBCP, 1,4-dioxane, acetaldehyde, acrolein, acrylamide, benzene, benzo(a)pyrene, chlordane, HCFC-22, perchlorate, PFOS, PFOA, and polychlorinated biphenyls. Comments are requested by December 17, 2010. According to EPA, “[t]he list includes chemicals that have been identified as priorities under the Safe Drinking Water Act (SDWA) and may be found in sources of drinking water where a substantial number of people may be exposed. The list also includes pesticide active ingredients that are being evaluated under EPA’s registration review program to ensure they meet current scientific and regulatory standards.” Following public comment and review, “EPA will issue test orders to pesticide registrants and the manufacturers of these chemicals to compel them to generate data to determine whether their chemicals may disrupt the estrogen,…
The European Commission (EC) has adopted recommendations for member states to monitor acrylamide levels in food as a way to obtain a consistent reduction of the known carcinogen found in a number of food categories. The recommendations, adopted June 2, 2010, urge member states to provide acrylamide monitoring information to the European Food Safety Authority (EFSA) by June 1 of each year starting in 2011. The new recommendations call for member states to measure acrylamide levels based on sampling procedures developed in 2007 and suggest that sampling be carried out before products’ expiration date and “at market level,” which means in supermarkets, smaller shops, bakeries, “French fries outlets,” and restaurants “where there is good traceability,” or at production sites. The recommendations set the minimum number of samples that each member state should analyze across 10 categories: ready to-eat French fries; potato crisps; pre cooked French fries and potato products for…
The U.S. Environmental Protection Agency (EPA) has issued a “Toxicological Review of Acrylamide” in support of information on its Integrated Risk Information System. The chemical, which is formed during the high-temperature heating of starchy foods, is also used in a number of industrial processes and in adhesives and grouts. According to the agency, many laboratory animal studies have indicated degenerative peripheral nerve changes from repeated oral exposures as well as impaired male reproductive performance and genetic damage. The review also notes that the agency characterizes the chemical as “likely to be carcinogenic to humans” on the basis of dermal and drinking-water exposure in rats. According to the review, occupational exposure studies “are sufficient to firmly establish neurological impairment as a potential health hazard from inhalation and dermal exposure.”
