Coffee Defendants Victorious in Proposition 65 Appeal
The long and circuitous journey of a Proposition 65 lawsuit alleging exposures to acrylamide in coffee seems to finally be at an end. The California appellate court in CERT v. Starbucks Corporation, (2022) 84 Cal.App.5th 879, has confirmed that, under a Proposition 65 regulation issued by the California Office of Environmental Health Hazard Assessment (OEHHA) in 2019, no cancer warnings are required for coffee. Beyond that, the opinion provides useful insights on entitlement to attorneys’ fees and Section 998 offers to settle in Proposition 65 cases. With the California Supreme Court recently denying plaintiff's petition for review of the appellate…