California's Proposition 65: New "Safe Harbor" Warning Option For Acrylamide

Acrylamide, a Proposition 65-listed substance that naturally forms in the cooking and heating of many plant-based foods, has been the focus of regulatory and court action over the past few years.

As we previously reported, there is currently an injunction preventing Prop 65 enforcers from filing or prosecuting a new lawsuit to enforce the Prop 65 warning requirement for cancer as applied to acrylamide in food and beverage products. In response to growing concern regarding Prop 65's regulation of acrylamide, the California Office of Environmental Health Hazard Assessment – the agency tasked with enforcing Prop 65's warning requirements – approved a new, alternative "safe harbor" warning for foods containing acrylamide.