Acrylamide

Acrylamide is a chemical listed under Proposition 65 as a carcinogen. It was first listed on January 1, 1990, under the ‘State’s Qualified Experts’ mechanism. Acrylamide forms naturally in starchy foods (e.g., potato chips, french fries, bread, coffee) when cooked at high temperatures through the Maillard reaction. OEHHA has established a No Significant Risk Level (NSRL) of 0.2 micrograms per day for acrylamide. Proposition 65 has been the subject of significant litigation over acrylamide in food products, including a landmark First Amendment lawsuit by the California Chamber of Commerce challenging mandatory cancer warnings on coffee and other foods containing acrylamide.

California Health and Safety Code §25249.5 et seq.; OEHHA Proposition 65 list (listed January 1, 1990); OEHHA NSRL: 0.2 μg/day for acrylamide; Title 27 CCR §25703.

Food manufacturers, restaurants, and snack food producers are frequently targeted in Proposition 65 enforcement actions for acrylamide. If a product contains acrylamide above the NSRL of 0.2 µg/day intake, a Proposition 65 warning is required unless the business can demonstrate that actual human exposure falls below the NSRL. Many food companies conduct heat-processing risk assessments to quantify acrylamide formation and determine whether warning thresholds are triggered. Testing by accredited laboratories using validated methods (e.g., GC-MS, LC-MS/MS) is required to support compliance decisions.