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Preliminary Injunctions Warning Labels

Greenberg Glusker LLP

U.S. Supreme Court Declines to Review Decision Blocking Prop. 65 Acrylamide Cancer Lawsuits

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For those following the acrylamide saga (see, e.g., our earlier blog post), on Monday of this week, the U.S. Supreme Court declined to review the injunction blocking new Prop. 65 lawsuits as to cancer warning labels on foods...more

Jenner & Block

New OEHHA Proposition 65 Acrylamide Warning Label Does Little to Resolve Pending First Amendment Challenges - Update

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The California Office of Administrative Law (OAL) recently approved a revised Proposition 65 warning label requirement for the use of acrylamide in food and beverages. California’s Office of Environmental Health Hazard...more

ArentFox Schiff

Ninth Circuit Blocks New Acrylamide Warning Lawsuits Under Proposition 65

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As we previously reported, in 2019, the California Chamber of Commerce filed suit against the State of California in federal district court, requesting that the State and private enforcers be enjoined from requiring...more

Hogan Lovells

New Acrylamide Prop 65 lawsuits: preliminary injunction reinstated; proposed regulation disapproved

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Two significant decisions were recently issued regarding California’s Proposition 65 (Prop 65). First, the U.S. Court of Appeals for the Ninth Circuit reinstated a district court’s preliminary injunction halting new...more

Jenner & Block

Ninth Circuit Decision Foreshadows Major Blow to Prop 65 Acrylamide Claims

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On Thursday, March 17, 2022, the Ninth Circuit issued a critical decision in California Chamber of Commerce v. CERT, No. 21-15745 (9th Cir. 2022), reinstating a preliminary injunction against the filing or prosecuting of any...more

Hogan Lovells

The Ninth Circuit Court stayed the Proposition 65 Acrylamide Preliminary Injunction

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We recently became aware of a 27 May 2021 opinion from the Ninth Circuit that “stayed” the preliminary injunction barring private parties from filing new lawsuits against businesses to enforce the Proposition 65 warning...more

Greenberg Glusker LLP

The Ever-Shifting Landscape of Prop 65 Acrylamide Regulation

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It has thus far been a noteworthy year for acrylamide, a Proposition 65-listed substance that naturally forms in the cooking and heating of many plant-based foods. Both the courts and the California Office of Environmental...more

Womble Bond Dickinson

The Perilous Seas of Prop 65: Safe Harbors Should Not Be Controversial

Womble Bond Dickinson on

Should companies be forced to label their products as containing chemicals “known” to cause cancer despite controversial scientific information? A federal court in California doesn’t think so. On March 29, the U.S. District...more

Davis Wright Tremaine LLP

Preliminary Injunction Temporarily Bars Prop 65 Lawsuits Targeting Acrylamide

On March 30, 2021, a federal court granted the California Chamber of Commerce's (CalChamber) preliminary injunction to temporarily bar the California Attorney General and any private litigants from filing any new Proposition...more

Benesch

Federal Judge Enjoins New Prop 65 Lawsuits for Acrylamide in Food: Requiring A Cancer Warning In the Face of Scientific...

Benesch on

On March 30, 2021, a California federal district court issued a preliminary injunction prohibiting anyone - including the California Attorney General - from filing or prosecuting any new lawsuit to enforce the Proposition 65...more

Alston & Bird

Federal Judge Enjoins Enforcement of Prop. 65 Warning Requirements for Acrylamide in Food and Beverages

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A California district court has granted a preliminary injunction to the California Chamber of Commerce and prohibited the filing of new Proposition 65 lawsuits alleging exposure to acrylamide in food. Our Environment, Land...more

Downs Rachlin Martin PLLC

Major Development In Prop 65 Law: Federal Court Issues Injunction Against Any New Lawsuits Based On Acrylamide

In what is a major development in California's Proposition 65 jurisprudence, a California federal court has just issued an injunction that bars the filing of any new lawsuits against food and beverage companies whose products...more

BCLP

California Court Halts New Prop. 65 Actions for Acrylamide as a Carcinogen

BCLP on

A California district court has granted the California Chamber of Commerce’s preliminary injunction motion and prohibited the filing of new Proposition 65 lawsuits alleging exposure to acrylamide in food, pending the outcome...more

Hogan Lovells

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

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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...more

Downey Brand LLP

U.S. District Court Denies California Attorney General’s Request to Reconsider Holding that Proposition 65 Warnings for Glyphosate...

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On June 12, 2018, the United States District Court for the Eastern District of California denied the California Attorney General’s request for the court to reconsider its decision in February that California cannot require...more

Downey Brand LLP

The Latest in the Prop. 65 World: Processed Meat; Lead and Cadmium in Chocolate; and Glyphosate in Herbicides

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February was a busy month in the Proposition 65 world with two developments that may impact businesses that manufacture or sell processed meat or chocolate products. In addition, the United States District Court for the...more

Morrison & Foerster LLP

Round One Goes to Roundup: Court Temporarily Enjoins Proposition 65 Warnings for Glyphosate and Glyphosate Residues in Foods

Last Monday, February 26, 2018, a federal judge temporarily barred California from requiring cancer warnings on products that contain detectable amounts of glyphosate—the main ingredient in Monsanto’s flagship herbicide...more

Mintz - Consumer Product Safety Viewpoints

A Federal Court Gets Opportunity to Weigh In on Prop 65 With a Little Help from Some Friends

Much of the recent discussion regarding Prop 65 has been focused on the regulatory changes going into effect in August of 2018. And that makes sense since there will be significant changes to the warnings, responsibility, and...more

Morrison & Foerster LLP - Class Dismissed

Warning Labels Suit Not Suitable for Preliminary Injunction

In American Beverage Association v. City and County of San Francisco, No. 3:15-cv-03415-EMC, decided on May 17, 2016, Northern District Judge Edward Chen denied a preliminary injunction against enforcement of a San Francisco...more

BakerHostetler

How Far Is Too Far? Court Rules for Amarin in Off-Label Marketing Fight against FDA

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Drugmaker Amarin Pharma, Inc. (Amarin), recently received a victory in its fight against the Food and Drug Administration (FDA). On August 7, 2015, the U.S. District Court for the Southern District of New York ruled that...more

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