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California Appeals Court Grants Stay in Starbucks’ Proposition 65 Civil Penalties Trial

  • A California appeals court stayed a trial that had been scheduled for this week, to determine penalties in the Proposition 65 case against Starbucks and other defendants for failure to warn for acrylamide in coffee under Proposition 65.  It is the latest in the eight year saga of the case, which was filed by Center for Education and Research on Toxics (CERT).

  • The defense successfully argued that the trial should be delayed, pending the outcome of California’s Proposition 65 rulemaking that would amend the regulations to state that coffee does not require warnings for cancer.  The trial court judge had denied the request for a stay last month, holding that a stay was not justified based on a “hypothetical regulation.”

  • Public comments on the proposed rule were due by August 30, 2018.  The court has asked the defense to provide a written status update to the court by January 15, 2019.  In the meantime, CERT has filed a suit against California’s Office of Environmental Health Hazard Assessment in Los Angeles Superior Court to challenge the proposed coffee regulation.

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Keller and Heckman offers global food and drug services to its clients. Our comprehensive and extensive food and drug practice is one of the largest in the world. We promote, protect, and defend products made by the spectrum of industries regulated by the U.S. Food and Drug Administration (FDA), the European Commission and Member States authorities in the European Union (EU) and similar authorities throughout the world. The products we help get to market include foods, pharmaceuticals, medical devices, veterinary products, dietary supplements, and cosmetics. In addition...