Superior Court Judge Elihu Berle in a ruling published on Monday
said that Starbucks and other coffee sellers did not show that the
risk from consuming acrylamide, a possible cancer-causing byproduct
created during coffee roasting, was offset by benefits from drinking
coffee.
That ruling confirmed Berle's tentative decision on the matter in
March.
The Council for Education and Research on Toxics (CERT), a nonprofit
group, sued some 90 coffee retailers, including Starbucks, on
grounds they were violating a California law requiring companies to
warn consumers of chemicals in their products that could cause
cancer.
The latest ruling in the eight-year legal battle opens a path for
CERT to ask for a permanent injunction that would require coffee
sellers to warn consumers about the cancer risk associated with
acrylamide.
Many California coffee sellers, including Starbucks, already post
signs with such warnings under the state's Proposition 65 law
requiring businesses to provide warnings about significant exposures
to chemicals that cause cancer, birth defects or other reproductive
harm.
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"Coffee has been shown, over and over again, to be a healthy
beverage. This lawsuit has made a mockery of Prop 65, has confused
consumers, and does nothing to improve public health,” said William
Murray, president and chief executive of the National Coffee
Association.
Attorney Raphael Metzger, who represents CERT, hopes that the final
ruling will lead to a settlement where coffee sellers reformulate
their product to remove acrylamide, as potato chip sellers did after
a similar lawsuit.
"Just giving warnings to people who are really addicted to the
product, like me, doesn't do much," said Metzger.
Starbucks did not immediately respond to requests for comment.
Several defendants in the case have already settled, agreeing to
post warning signs and pay millions in fines.
(Reporting by Lisa Baertlein in Los Angeles; Editing by Marguerita
Choy)
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