Your Starbucks coffee is about to get a lot more expensive...

Pressure Ratio

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Nov 11, 2005
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Glen Ellyn
I am not sure how many of you know about California and the Proposition 65.

From wiki "Proposition 65 (formally titled "The Safe Drinking Water and Toxic Enforcement Act of 1986") is a California law passed by direct voter initiative in 1986 by a 63%-37% vote. Its goals are to protect drinking water sources from toxic substances that may cause cancer and birth defects and to reduce or eliminate exposures to those chemicals generally, for example in consumer products, by requiring warnings in advance of those exposures." link



So California has made it so that basically anything sold in California has to have labels stating something in the product has been shown to cause cancer. They have expanded it to the point you have to specify what the cancer-causing material is in that product. The last couple of years they have been getting worse and worse with labels and materials that must be identified.

Now probably the biggest blow to come from this could be Starbucks and other retailers that sell coffee. Coffee sellers were named in a lawsuit that says they should have had labels on the coffee since 2002. And could see fines as high as $2,500 per cup of coffee sold. They are attacking all kinds of companies all over the country. Because mail order companies shipping into California are being named in similar lawsuits as well. At some point, will companies just stop selling in California because of exposure to some little item not being labeled because a chemical in a manufacturing process isn't named and labeled?


article quoted below

"Starbucks Corp (SBUX.O) and other coffee sellers must put a cancer warning on coffee sold in California, a Los Angeles judge has ruled, possibly exposing the companies to millions of dollars in fines.

A little-known not-for-profit 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.


One of those chemicals is acrylamide, a byproduct of roasting coffee beans that is present in high levels in brewed coffee.


Los Angeles Superior Court Judge Elihu Berle said in a decision dated Wednesday that Starbucks and other companies had failed to show there was no significant risk from a carcinogen produced in the coffee roasting process, court documents showed.

Starbucks and other defendants have until April 10 to file objections to the decision.

Starbucks declined to comment, referring reporters to a statement by the National Coffee Association (NCA) that said the industry was considering an appeal and further legal actions.

“Cancer warning labels on coffee would be misleading. The U.S. government’s own Dietary Guidelines state that coffee can be part of a healthy lifestyle,” the NCA statement said.

In his decision, Berle said: “Defendants failed to satisfy their burden of proving by a preponderance of evidence that consumption of coffee confers a benefit to human health.”

Officials from Dunkin’ Donuts (DNKN.O), McDonald’s Corp (MCD.N), Peet’s and other big coffee sellers did not immediately respond to requests for comment.

The lawsuit was filed in 2010 by the Council for Education and Research on Toxics (CERT). It calls for fines as large as $2,500 per person for every exposure to the chemical since 2002 at the defendants’ shops in California. Any civil penalties, which will be decided in a third phase of the trial, could be huge in California, which has a population of nearly 40 million.

CERT’s lawyer Raphael Metzger did not immediately respond to a request for comment.

Starbucks lost the first phase of the trial in which it failed to show the level of acrylamide in coffee was below that which would pose a significant risk of cancer. In the second phase of the trial, defendants failed to prove there was an acceptable “alternative” risk level for the carcinogen, court documents showed.

Several defendants in the case settled before Wednesday’s decision, agreeing to post signage about the cancer-linked chemical and pay millions in fines, according to published reports."
 

Blood on Blood

rumble baby rumble
Apr 6, 2005
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Forgive me as I skimmed the original post, but the concern is California is requiring coffee manufacturers / sellers to ensure cancer causing ingredients in their products are clearly labeled on their packaging.

Though fining back to 2002 may be absurd, I’m curious as to the concern with the cancer causing ingredients appearing on the packaging.
 

Mr_Roboto

Doing the jobs nobody wants to
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Between this and the Jegs thing this seems like they're getting into the business of shaking people down.

For Businesses & Recipients of Proposition 65 Notices

How do I know if I need to provide a Proposition 65 warning for a product?

First, you should check to see if chemicals in the product, or created through the use of the product, are on the Proposition 65 list. The current list can be found here: http://www.oehha.ca.gov/prop65/prop65_list/Newlist.html.

Next, you should determine whether the manufacture or use of the product is likely to expose individuals to listed chemicals. If the product causes an exposure to a listed chemical, you should determine whether OEHHA has identified a regulatory safe harbor level for the chemical. The safe harbor levels, or levels of exposure that are exempt from the warning requirement, can be found here: http://www.oehha.ca.gov/prop65/getNSRLs.html. If you can show that the exposure you cause is below the regulatory safe harbor level, you need not provide a warning.

If there is no regulatory safe harbor level for a listed chemical, a business that knowingly exposes individuals to that chemical is generally required to provide a Proposition 65 warning, unless the business shows that the exposure to a listed chemical falls below the threshold levels specified in Proposition 65 and its accompanying regulations, i.e., the "no significant risk level" and the "maximum allowable dose level." Determining the threshold levels for a listed chemical and the exposure caused by the product is complex. It is recommended that any business that uses a listed chemical in its products, but believes the level of exposure does not exceed the applicable threshold(s) consult with a scientist who has experience in risk assessment.

Are small businesses exempt from Proposition 65?

Yes. Businesses with 9 or fewer employees are exempt from the requirements of Proposition 65. A"‘person in the course of doing business’ does not include any person employing fewer than 10 employees in his or her business." (CA Health and Safety Code, Section 25249.11 (b)) Generally speaking, an employee is "a person who provides services for remuneration," including full-time employees and part-time employees. (CA Code of Regulations, Title 27, Section 25102 (h))

https://oag.ca.gov/prop65/faqs-view-all

If I were under 9 employees I'd not sweat it over 9 I'd throw it in the box if shipping to cali.
 

willizm

Very Nice, Very Evil
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May 13, 2009
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Everyone saying DD, McDonald's and others are better and who creates about Starbucks. But I believe DD and McDonald's were part of the 90 places named in the lawsuit.

If these places are fined millions of dollars in California you can guarantee that it will not just have am effect on California stores.



I agree. They are going to spread that cost burden on to their customer base across the country. Just California screwing up other states as per usual.
 
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