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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CALIFORNIA CHAMBER OF No. 2:19-CV-02019-KJM-EFB

COMMERCE,

12 Plaintiff, ORDER v.

XAVIER BECERRA,

15 Defendant, 16 and COUNCIL FOR EDUCATION AND RESEARCH ON TOXICS, Defendant-Intervenor.

20 Plaintiff California Chamber of Commerce brings this suit challenging California’s Safe Drinking Water and Toxic Enforcement Act (Proposition 65) insofar as it requires certain California businesses to post warnings about the presence of acrylamide, a chemical the state has identified as a cancer risk. See Compl. ¶¶ 1–3, ECF No. 1; Becerra Mem. P. & A. (“Becerra MTD”), ECF Nos. 21, at 6. Plaintiff argues the enforcement of the statute with respect to acrylamide violates the First Amendment of the U.S. Constitution and requests declaratory and injunctive relief. Compl. at 20, 22–23. The parties stipulated to allow Council for Education and 28 Research on Toxics (CERT) to intervene as a party defendant, ECF No. 28, and the court approved the…