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Constitutional Law

Feb. 13, 2025

Federal court weighs free speech challenge to Proposition 65 food warnings

The California Chamber of Commerce argues that such warnings violate the First Amendment by compelling misleading speech, while the state defends the labeling as necessary consumer protection.

Trenton Norris of Hogan Lovells US LLP

An attorney for the California Chamber of Commerce argued on Wednesday that a federal court should enjoin Proposition 65 warnings for a chemical found in foods ranging from coffee to bread to French fries. Trenton H. Norris also said judges are properly being more skeptical of labeling food as dangerous under the 1986 voter initiative.

The partner with Hogan Lovells US LLP in San Francisco, told U.S. District Judge Daniel J. Calabretta that all warnings on food should face a high...

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