How do you like your cup of cancer in the morning? I take mine with fake sugar and skim milk. Lame, I know. But there’s no accounting for taste in carcinogens. Or, in this case, coffee.
You’ve probably seen the bemused headlines: “Coffee in California may soon come with a spoonful of cancer warnings.” There’s wacky California, doing its liberalism-through-regulation schtick again.
At issue is a lawsuit brought by the Council for Education and Research on Toxics against coffee purveyors such as Starbucks for not warning consumers about a potential carcinogen in their product. Although the suit was first filed in 2010, a ruling from the Los Angeles County Superior Court is expected soon.
The alleged culprit is acrylamide, a compound formed when coffee beans are roasted. Under Proposition 65, passed in 1986, any company of more than 10 employees has to warn its customers about the presence of one of nearly 900 toxins on a state list. Acrylamide is on that list. Yet the state’s leading purveyors of caffeine failed to disclose that fact. That omission could cost them millions in penalties and fees.
But is coffee-based acrylamide really a threat to public health?
“Coffee is connected to cancer development by the fact that coffee is sometimes drunk by living people and only living people develop cancer,” said Robert A. Weinberg, an oncologist at the Massachusetts Institute of Technology. I took that as a “no.”
Kathryn M. Wilson, a cancer epidemiologist at Harvard University, has studied the effects of acrylamide on the human body. “I think the evidence that acrylamide makes a difference for human cancer risk is pretty weak,” she said.
Wilson explained that studies connecting acrylamide to ovarian or endometrial cancer for women were based on questionnaires about how often the subjects consumed coffee. The link to ovarian cancer was discounted through subsequent research based on blood analysis.
In 2016, the World Health Organization declared that there was “inadequate evidence for the carcinogenicity of coffee drinking.”
Yet fears persist.
California’s regulatory burden is also to blame. Proposition 65, or the Safe Drinking Water and Toxic Enforcement Act, was billed as a way to warn residents if they were in danger of chemical exposure. The law’s supporters failed to account for the fact that we rely on approximately 80,000 chemicals in our daily lives, making complete avoidance of potential toxins impossible.
The Proposition 65 warnings are obviously well-meaning, and just as obviously misguided.
The state’s Office of Environmental Health Hazard Assessment recognizes that there’s a problem with Proposition 65 -- what agency spokesman Sam Delson called “overwarning.” In fact, come August, Proposition 65 warnings will have to more closely adhere to a “clear and reasonable” standard, informing people instead of merely frightening them.
But better signage won’t stop lawyers such as Raphael Metzger, who brought the Council for Education and Research on Toxics lawsuit. Metzger has previously said that he likes coffee and merely wants his acrylamide-free. Several coffee companies have already settled. Others fight on, knowing that a Proposition 65 warning would be an expensive new cost of doing business in California. It would be a bummer too.
I want to believe Metzger is suing for the right reasons, but he has given little cause for confidence, playing right into the Republican caricature of the greedy torts attorney.
Nathan A. Schachtman, a Manhattan lawyer specializing in health-effect claims, argues that the Council for Education and Research on Toxics, a supposed nonprofit is, in effect, nonexistent.
“I am not aware of any educational or research activities of CERT,” Schachtman wrote in an email, “but I am aware that CERT has sued in its own name, in several cases, in California. Even if CERT does not itself profit from these lawsuits, its counsel and alter ego would appear to do so.”
Wilson, the Harvard epidemiologist, understands the craze to label. “If you think cancer is due to these chemicals you can label and avoid, that’s comforting,” she said. But it is also delusive. A label isn’t going to reduce the fundamental, frustrating uncertainty inherent in modern life.
If you find that disturbing, you can always stop drinking coffee and, just to be safe, move to a cabin in Siskiyou County while you’re at it. No pesticides or electromagnetic frequencies will reach you there. But you will have to do something about the mountain lions and bears.
By Alexander Nazaryan
Alexander Nazaryan is a senior writer for Newsweek covering national affairs. -- Ed.
