CALIFORNIA SUPREME Court De-Publishes Recent Appellate Opinion

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The California Supreme Court has declined to review a decision that federal law preempts state-mandated warnings about cancer risks associated with a chemical in cereals made by Post Foods LLC, General Mills Inc., and Kellogg USA Inc.

The High Court on Oct. 31 ordered the lower court’s opinion to be de-published. The de-publication of the Appellate Opinion now only binds the parties in this case and cannot be cited as legal authority in future cases involving chemicals in other foods and beverages.

The Appellate Court Opinion found that Proposition 65 warnings concerning acrylamide were preempted by the FDA policy that encourages consumers to eat cereals containing whole grains for a healthy diet. Acrylamide is a chemical by product of baking and cooking starchy foods at high temperatures. The chemical was listed as a carcinogen in 1990 based on its use in industrial chemical applications. In 2002 Swedish scientists discovered the Maillard Reaction, which causes the formation of starchy foods in cooking.

About Jack Schatz

Jack Schatz began writing about Proposition 65 and other U.S. environmental laws in 1994. He has also written extensively about Consumer Product safety and product liability issues as well. He is the publisher and co-author of the 2013 and 2017 and upcoming 2020 editions of the Proposition 65 Handbook.He was graduated by the San Diego State School of Journalism.
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