Yuma Sun

APNewsBrea­k: California Judge: Coffee needs cancer warnings

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LOS ANGELES — A Los Angeles judge has determined that California law requires coffee companies to carry an ominous cancer warning label because of a chemical produced in the roasting process.

Superior Court Judge Elihu Berle said Wednesday that Starbucks and other coffee companies failed to show that the threat from the chemical was insignific­ant.

The Council for Education and Research on Toxics, a nonprofit group, sued Starbucks and about 90 other companies, including grocery stores and retail shops, under a state law that requires warnings on a wide range of chemicals that can cause cancer. One of those chemicals is acrylamide, a carcinogen present in coffee.

“While plaintiff offered evidence that consumptio­n of coffee increases the risk of harm to the fetus, to infants, to children and to adults, defendants’ medical and epidemiolo­gy experts testified that they had no opinion on causation,” Berle wrote in his proposed ruling. “Defendants failed to satisfy their burden of proving ... that consumptio­n of coffee confers a benefit to human health.”

The coffee industry had claimed the chemical was present at harmless levels and should be exempt from the law because it results naturally from the cooking process necessary to make the beans flavorful.

The ruling came despite eased concerns in recent years about the possible dangers of coffee, with some studies finding health benefits.

In 2016, the Internatio­nal Agency for Research on Cancer — the cancer agency of the World Health Organizati­on — moved coffee off its “possible carcinogen” list.

Studies indicate coffee is unlikely to cause breast, prostate or pancreatic cancer, and it seems to lower the risks for liver and uterine cancers, the agency said. Evidence is inadequate to determine its effect on dozens of other cancer types.

The lawsuit was brought under the Safe Drinking Water and Toxic Enforcemen­t Act, passed by voters as Propositio­n 65 in 1986. It allows private citizens, advocacy groups and attorneys to sue on behalf of the state and collect a portion of civil penalties.

The law has been credited with reducing chemicals that cause cancer and birth defects, such as lead in hair dyes, mercury in nasal sprays and arsenic in bottled water. But it’s also been widely criticized for abuses by lawyers shaking down businesses for quick settlement­s.

“Coffee has been shown, over and over again, to be a healthy beverage,” said William Murray, president and CEO of the National Coffee Associatio­n, in reaction to the decision. “This lawsuit has made a mockery of Prop. 65, has confused consumers, and does nothing to improve public health.”

The lawsuit has been brewing for eight years and is still not over. A third phase of trial will later determine any civil penalties that coffee companies must pay.

With potential penalties up to $2,500 per person exposed each day over eight years, that figure could be astronomic­al in a state with close to 40 million residents, though such a fine is unlikely.

Attorney Raphael Metzger, who brought the lawsuit and drinks a few cups of coffee a day, said he wants the industry to remove the chemical from its process. Coffee companies have said that’s not feasible and would make their product taste bad.

“Getting it out is better for public health than leaving it in and warning people,” Metzger said. “That’s especially important for coffee drinkers because coffee drinkers are addicted.”

Metzger’s client brought a similar case later taken up by the state attorney general that resulted in potato-chip makers agreeing in 2008 to pay $3 million and remove acrylamide from their products rather than post startling warnings that can be found throughout California and are largely ignored.

Parking garages, for example, post signs saying, “This area contains chemicals known to the state of California to cause cancer, birth defects and other reproducti­ve harm.”

Regulation­s adopted in recent years now require more specific warnings that list the chemical consumers may be exposed to and list a website with more informatio­n. Parking garages, for example, will have to post that breathing air there exposes drivers to carbon monoxide and gas and diesel exhaust and that people should not to linger longer than necessary.

Many coffee companies have already posted warnings that specifical­ly say acrylamide is found in coffee and is among chemicals that cause cancer. However, many of those warnings are posted in places not easily visible, such as below the counter where cream and sugar are available.

 ?? ASSOCIATED PRESS ?? IN THIS SEPT. 2017 FILE PHOTO, a customer pours milk into coffee near a posted Propositio­n 65 warning sign at a Starbucks coffee shop in Los Angeles.
ASSOCIATED PRESS IN THIS SEPT. 2017 FILE PHOTO, a customer pours milk into coffee near a posted Propositio­n 65 warning sign at a Starbucks coffee shop in Los Angeles.

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