California judge says coffee needs cancer warning labels

LOS ANGELES — A Los Angeles judge has determined that coffee companies must 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 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 under a state law that requires warnings on a wide range of chemicals that can cause cancer. One 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. He added that the companies failed to prove that coffee provides benefits 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 that makes 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 moved coffee off its “possible carcinogen” list.

The lawsuit was brought under the Safe Drinking Water and Toxic Enforcement Act, passed by voters 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. He argued the lawsuit “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 determine civil penalties of up to $2,500 per person exposed each day over eight years, an astronomical figure that appears unlikely to be imposed.

Attorney Raphael Metzger, who brought the lawsuit and drinks a few cups of coffee daily, wants the industry to remove the chemical from its process. Coffee companies have said that’s not feasible. “Getting it out is better for public health than leaving it in and warning people,” he said.