Bao Vu (L) and Kelly Beskin (R) of Stoel Rives. Courtesy photos
The food and beverage industry received good news this month thanks to a ruling from the U.S. Court of Appeals for the Ninth Circuit that weakens recent carcinogen claims. The court reinstated an injunction against the filing or prosecution of new California Proposition 65-based lawsuits related to acrylamide in food and beverage products.
The ruling confirms that the science supporting acrylamide’s listing as a possible human carcinogen under Proposition 65 is shaky at best. The ruling further gives continued hope that a permanent injunction will eventually be issued in the underlying case, Cal. Chamber of Com. v. Becerra, 529 F. Supp. 3d 1099, 1123 (E.D. Cal. 2021). Such an injunction would help to address an area of easy abuse for Proposition 65 plaintiff lawyers at the moment.
