The California Supreme Court in October denied the Petition for Review of the Second District  Court of Appeal’s opinion that a  Proposition 65 suit concerning acrylamide in breakfast cereals was preempted by federal law.  Although the trial court  rejected this argument the cereal manufacturers successfully appealed  to the Court of Appeals.

The Court found that a Prop. 65 cancer warning on whole grain cereal would pose an “obstacle” to Congress’ nutrition policies that encourage the consumption of whole grain foods.The Supreme Court denied the Petition to review, however they did grant the request by the California Attorney General and several environmental groups to depublish the lower court decision. Consequently this case cannot be cited as precedent

“The petition for review is denied. The requests for an order directing depublication of the opinion are granted. The Reporter of Decisions is directed not to publish in the Official Appellate Reports the opinion in the above entitled appeal filed July 16, 2018, which appears at 25Cal.App.5th 278. (Cal Const., art. VI, section 14; rule 8.1125(c)(1), Cal. Rules of Court.) Corrigan, J., was absent and did not participate.”

Cal.Supreme Court 10/31/2018.  POST FOODS v. S.C. (SOWINSKI) Division SF Case Number S250937

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