Federal Judge Finds Proposition 65 Warning Unconstitutional

On May 2, 2025, the U.S. District Court for the Eastern District of California permanently enjoined the state from requiring Proposition 65 warnings for dietary acrylamide, ruling that the warnings are unconstitutional. The case, California Chamber of Commerce v. Bonta (E.D. Cal. No. 2:19-cv-02019), challenged whether California could compel businesses to warn about potential dangers of dietary acrylamide without a solid scientific consensus that acrylamide poses a risk to humans.

Background on Proposition 65

The Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65, requires businesses to provide a "clear and reasonable" warning before "knowingly and intentionally" exposing individuals to chemicals known to cause cancer, birth defects, or other reproductive harm. Californians are well-acquainted with these warnings—typically bolded, featuring a yellow triangle with an exclamation point, and using standardized