The Office of Environmental Health Hazard Assessment (“OEHHA”) proposed a regulation that would exempt coffee from Prop 65 warnings. According to OEHHA, there is scientific evidence that indicates that drinking coffee does not increase the risk of cancer and may reduce the risks of some types of cancers. The International Agency for Research on Cancer (“IARC”) found that drinking coffee exhibits strong antioxidant effects and reduces the risk for cancer of the liver and uterus. Earlier this year, a Superior Court ruled that a Prop 65 warning was required on coffee because it contains acrylamide, and since the ruling OEHHA has been criticized for attributing many things to causing cancer.

The proposed regulation would largely exempt coffee. But the proposed regulation does not address exposures to listed chemicals that may occur if the chemicals are intentionally added to the coffee mixture or enter the mixture as contaminants in some way other than the process of roasting and brewing.

OEHHA posted the proposed regulation on June 15, 2018 and the public comment period ends August 30, 2018. There will be a public hearing on the proposed regulation on August 16, 2018 at 10 a.m. at the California Environmental Protection Agency Administration Building.

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