The California Office of Environmental Health Hazard Assessment (“OEHHA”) recently modified the text of its proposed Proposition 65 regulation regarding warnings for chemicals formed in foods by cooking or heat processing (most frequently associated with the formation of the carcinogen acrylamide during the cooking process). OEHHA removed two food categories from the warning requirement (almond butter and prune juice) in response to comments received on its earlier proposal, as well as making some other minor clarifications. The public comment period on the modified amendments will close on May 7, 2021. See here for our earlier analysis on this important update to Proposition 65.
Per a recent review of Proposition 65 Notices of Violations (“NOVs”) for the first quarter of 2021, acrylamide is in the top three of most frequently noticed chemicals (190 total NOVs).