The Ninth Circuit Court of Appeals has found that the district court did not abuse its discretion in granting a preliminary injunction blocking a requirement to warn California consumers about the presence of acrylamide in food and beverage products. Cal. Chamber of Com. v. Council for Education and Research on Toxics, No. 19-2019 (9th Cir., entered March 17, 2022). Filed by the California Chamber of Commerce, the suit alleges that requiring the warning for products containing chemicals listed under the state's Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65) on products with acrylamide would violate the organization's members' "First Amendment rights to not be compelled to place false and misleading acrylamide warnings on their food products." The district court held that the state did not show the Prop. 65 acrylamide warning was "purely factual and uncontroversial." "[D]ozens of epidemiological studies have failed to tie human cancer to…
Tag Archives OEHHA
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…
California's Office of Environmental Health Hazard Assessment (OEHHA) has confirmed that coffee will not be required to carry warnings about risks of cancer or reproductive harm mandated by the state's Safe Drinking Water and Toxic Enforcement Act (Prop. 65). In a June 3, 2019, tweet, the agency stated that its "coffee regulation has been approved," finding that the chemicals "created by and inherent in roasting coffee beans or brewing coffee, do not pose a significant cancer risk." The agency indicates that the regulation will take effect October 1, 2019.
California's Office of Environmental Health Hazard Assessment (OEHHA) has determined that coffee will not be required to carry a label indicating that it contains chemicals known to cause cancer, birth defects or other reproductive harm pursuant to the state's Safe Drinking Water and Toxic Enforcement Act (Proposition 65). According to the notice, "Coffee, a unique and complex chemical mixture made from the roasted seeds of the coffee plant, contains many different compounds, including carcinogens listed under Proposition 65, and anticarcinogens. The International Agency for Research on Cancer (IARC)—the only Proposition 65 authoritative body to have evaluated coffee—concluded that coffee consumption is not classifiable as to its overall carcinogenicity and is associated with reduced risk of certain cancers in humans." Written comments on the determination will be accepted until August 30, 2018.
California’s Office of Environmental Health Hazard Assessment (OEHHA) has announced that a public hearing on “naturally occurring” lead levels in chili or tamarind candy has been rescheduled for July 6, 2017. Comments on the petition may be submitted by email or in writing by July 20, 2017. Issue 637
California’s Office of Environmental Health Hazard Assessment (OEHHA) has announced a public hearing on a petition to issue regulations setting “naturally occurring” lead levels in candy containing chili or tamarind. The hearing, which will be webcast, is tentatively scheduled for June 19, 2017. Comments on the petition may be submitted by email or in writing by July 3, 2017. Issue 633
California's Office of Environmental Health Hazard Assessment (OEHHA) has announced that glyphosate will be listed under the state's Safe Drinking Water and Toxic Enforcement Act (Prop. 65). In September 2015, OEHHA announced its findings on the carcinogenicity of glyphosate, a chemical used in pesticides that has been targeted in several putative class actions challenging whether a product can be "natural" if its ingredients retain some glyphosate residue from the growing process. The effective date of listing and the proposed safe harbor level will be determined after a California appeals court rules on a stay. Issue 630
The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) has announced the addition of furfuryl alcohol to the list of chemicals known to the state to cause cancer in accordance with Proposition 65 (Prop. 65) regulations. OEHHA describes furfuryl alcohol as “formed in foods during thermal processing and as a result of the dehydration of sugars,” noting that the U.S. Environmental Protection Agency (EPA) has formally identified the chemical as one that causes cancer. In particular, OEHHA cites the 2014 EPA report titled Cancer Assessment Document, Evaluation of the Carcinogenic Potential of Furfural and Furfuryl Alcohol, as satisfying “the formal identification and sufficiency of evidence criteria in the Proposition 65 regulations for furfuryl alcohol.” Issue 618
The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed initiating a regular rulemaking process to extend until December 30, 2017, an emergency measure that allows retailers to use standard point-of-sale warning messages for bisphenol A (BPA) exposures from canned and bottled foods and beverages. Under Proposition 65 (Prop. 65) regulations, consumer products that contain any chemical known to the state to cause reproductive toxicity or cancer must display a “clear and reasonable” warning on “labeling, shelf tags, shelf signs, menus or any combination thereof as long as the warning is prominent and conspicuous.” Taking into account comments received on the emergency measure, OEHHA believes that the proposed regulation “will provide consistent, informative, and meaningful warnings to consumers about significant exposures to BPA.” These warnings will included a link to OEHHA’s website, “which will contain fact sheets, links to informational materials on BPA from other authoritative…
The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed an emergency action to temporarily allow the use of standard point-ofsale warning messages for bisphenol A (BPA) exposures from canned and bottled foods and beverages. Under Proposition 65 (Prop. 65) regulations, consumer products that contain any chemical known to the state to cause reproductive toxicity or cancer must display a “clear and reasonable” warning on “labeling, shelf tags, shelf signs, menus or any combination thereof as long as the warning is prominent and conspicuous.” Starting May 11, 2016, all foods and beverages that result in BPA exposure must display a similar warning “unless the person causing the exposure can show that the exposure is 1,000 times below the no observed effect level for the chemical.” To avoid consumer confusion and give manufacturers time to transition to BPA-free packaging, OEHHA proposes allowing the temporary use of point-of-sale…
