The Caramel Case: Federal Preemption Would Be Sweet, Prop 65 The Sundae

The federal/state regulatory disconnects under California’s Prop 65 – a priority target in the cosmetics industry’s preemption explorations on Capitol Hill – are distinctly embodied by caramel, a color additive approved by FDA that nevertheless may require warnings on products sold in the Golden State.

shutterstock: Ksanawo

Caramel is an FDA-approved color additive for use in foods, drugs and cosmetics, but according to California, carcinogenic constituents lurking in the substance may warrant safety warnings on caramel-containing products.

The situation illustrates the federal/state disconnects seen under California’s Prop 65, industry’s foremost target in efforts to legislate retroactive

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