Back to Article List

California federal court rules that Proposition 65 warnings on dietary acrylamide violate First Amendment

USA

May 05, 2025

A Federal Judge ruled that a Prop 65 cancer warning about dietary acrylamide violates the First Amendment rights of California businesses.

U.S. District Judge Daniel Calabretta ruled in favor of the California Chamber of Commerce, granting its motion for summary judgment. Forcing the chamber and its members to display the warning would be unconstitutional, he wrote.

“The court finds that the Prop 65 warnings for dietary acrylamide are misleading and controversial as they state that dietary acrylamide is carcinogenic to humans despite vigorous scientific debate concerning that conclusion and compel Cal Chamber’s members to espouse that view despite their disagreement,” the Joe Biden appointee wrote.

Prop 65, called the Safe Drinking Water and Toxic Enforcement Act, passed in 1986. It requires the governor to issue an annual list of chemicals known to cause cancer or reproductive toxicity. Barring an exemption, businesses generally must provide a clear and reasonable warning before people are exposed to chemicals on the list.

 

For further information (in English), click on the Link

Related Articles
See All News
Subscribe to our newsletter

The best industry insight in your mailbox

®