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Civil Litigation,
Administrative/Regulatory

Apr. 6, 2021

Court enjoins Prop 65 cancer warnings due to First Amendment violation

On March 30, the federal court in California Chamber of Commerce v. Becerra issued a preliminary injunction enjoining Proposition 65 acrylamide cancer warnings for foods, holding that such warnings violate the First Amendment.

Willis M. Wagner

Senior Associate
Arnold & Porter Kaye Scholer LLP

Phone: (916) 534-1044

Email: will.wagner@arnoldporter.com

Arizona State Univ COL; Tempe AZ

Will focuses on consumer product defense and regulatory compliance, particularly issues involving California's Proposition 65. He is resident in the firm's San Francisco office.

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On March 30, the federal court in California Chamber of Commerce v. Becerra issued a preliminary injunction enjoining Proposition 65 acrylamide cancer warnings for foods, holding that such warnings violate the First Amendment. The court reasoned that Prop. 65 acrylamide cancer warnings for foods are not "purely factual and uncontroversial information" because epidemiological studies do not demonstrate human cancer risk, rodent studies that ...

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