This Note examines the fate of Proposition 65 in the aftermath of California Chamber of Commerce v. Council for Education & Research on Toxics, a 2022 Ninth Circuit case that affirmed a preliminary injunction against enforcement of the acrylamide cancer warning. While future First Amendment challenges may lead to injunctions against some existing warnings and restrict Proposition 65’s ability to respond to chemicals of emerging concern, this Note concludes that the voter-enacted law will continue to play a significant role in safeguarding public health.
First Amendment Constraints on Proposition 65
