Preliminary injunction issued against new Proposition 65 lawsuits for acrylamide in food & beverage

On 29 March 2021 the United States District Court for the Eastern District of California entered a significant ruling temporarily halting the filing of new lawsuits by the California Attorney General and anyone else related to the enforcement of California’s Proposition 65 against businesses that do not display Proposition 65 acrylamide warnings for food and beverage products. While the ruling bars the filing of new lawsuits, it does not alter any existing consent decrees, settlements, or other agreements related to Proposition 65 warning requirements. The ruling also does not prevent private enforcers from sending demand letters or notices of violation (60-day notice). It also remains unclear at this point whether the preliminary injunction will be appealed by the State. Food and beverage businesses with active Proposition 65 matters related to acrylamide should consult with their legal counsel and carefully assess whether and to what extent the ruling applies to them.

Author:

Stelios Gregoriou