A Proposition 65 exemption for chemicals such as acrylamide in coffee has been delayed allowing for an additional comment period.
The delay is being sought for what was described as a ‘modest’ clarification to the pending regulation.
Joseph Green, a lawyer at Kelley Drye, said the California Office of Environmental Health Hazard Assessment (OEHHA), which oversees the Proposition 65 programme, had extended the comment period until 2 April 2019.
OEHHA is seeking comment on wording changes that clarify the scope of listed chemicals covered by the proposed regulation.
“Specifically, the new proposal would limit the exemption to chemicals listed by the state to cause cancer as of 15 March 2019 and therefore not apply to future chemicals added to the Prop 65 list,” he explained.
The move recognizes that OEHHA’s assessment of the cancer risks associated with coffee consumption cannot account, of course, for potential newly identified carcinogens that may be found in coffee.
Proposed in June 2018, the exemption embodies OEHHA’s response to widespread backlash against a California court decision in favour of the plaintiff, the Council for Education and Research on Toxics (CERT), holding that coffee companies violated Proposition 65 by failing to provide warnings about exposure to acrylamide, despite the fact that the bulk of the science shows that drinking coffee does not increase cancer risk.
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