California has approved a new, alternative "Safe Harbor" warning label for foods containing acrylamide, a naturally-occurring byproduct that occurs during high-heat cooking. Whether the new regulation moots the California Chamber of Commerce's ("CalChamber") ongoing legal battle against Proposition 65 ("Prop 65") warning labels1 remains to be seen.
What is Proposition 65?
Prop 65 provides that "[n]o person in the course of doing business shall knowingly and intentionally expose any individual to a chemical known to the state to cause cancer . . . without first giving clear and reasonable warning to such individual."
Prop 65 warnings have become increasingly familiar to Californians since the measure's enactment in 1986; they can be found on food and beverages, in elevators, on household products and furniture, and even on packaging for clothing and accessories.
What is Acrylamide?
Acrylamide is a substance that forms through a natural chemical reaction in certain plant-based foods during high-temperature cooking, and can be found in foods like potato chips, bread, grilled vegetables, nuts, crackers, and olives. There is conflicting evidence regarding the risk it poses to humans. While studies exposing laboratory rats...
