Los Angeles Superior Court Judge Elihu Berle ruled Wednesday that coffee merchants are liable under Prop 65 for not warning of the possible cancer risks of the beverage. I’ve got a write-up at Cato at Liberty noting that the primary problem is with the law itself, jealously guarded by lawyers who make out well from it. Excerpt:
Almost everyone agrees by now that the over-proliferation of warnings makes it less likely that consumers will pay attention to those few warnings that actually flag notable risks. …
What happens next? As the Post reports, “In addition to the warning signs likely to result from the lawsuit, the Council for Education and Research on Toxics, which brought the lawsuit, has asked for fines as much as $2,500 for every person exposed to the chemical since 2002, potentially opening the door to massive settlements.” And the financial shakedown value here is far from incidental; it’s the very motor that keeps the law going.
Earlier here. See also Michael Marlow, Cato “Regulation,” 2013-14 (study finds “little to no statistical support” that Proposition 65 “significantly influenced cancer incidence in California.”) And a furniture warning via Timothy Lee (link fixed now). More: Omri Ben-Shahar, AICR (evidence that coffee is cancer-protective on net).