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Ninth Circuit Upholds Preliminary Injunction in Prop 65 Acrylamide Challenge – But It’s Not Over Yet

In a victory for the California Chamber of Commerce and the regulated community at large, the Ninth Circuit upheld a preliminary injunction prohibiting public and private enforcers from filing new Proposition 65 lawsuits alleging exposures to acrylamide in foods and beverages. However, Council for Education on Research and Toxics (CERT), who intervened in CalChamber’s lawsuit against the California Attorney General – and who filed the appeal – now has filed a petition for rehearing en banc. CERT also has filed a motion in the lower court asking that the preliminary injunction be vacated based on allegations that the judge who issued the preliminary injunction had ”unwaivable” financial conflicts of interest. In that motion, CERT asks the lower court (now with a new judge) to set a new hearing for CalChamber’s original preliminary injunction motion.

You can read a more detailed analysis of this case, authored by Ann Grimaldi, on the Atlantic Legal Foundation’s website here.


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Ms. Grimaldi maintains a diverse environmental law practice focusing on chemical and product regulation and litigation defense. Her practice areas include Proposition 65, California's Safer Consumer Products Regulations, California's Rigid Plastic Packaging Container Act and the federal Toxic Substances Control Act. Ms. Grimaldi graduated from the University of California Hastings College of the Law magna cum laude and holds a Bachelor of Science Degree in Bacteriology from University of California, Davis. Prior to attending law school, she worked as a research assistant in laboratories at the University of California, San Francisco Cancer Research Institute and at the University of California, San Francisco School of Medicine.