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Coffee Brewers and Servers Sued Under Prop 65

By Lee Smith on May 17, 2011
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As we foreshadowed with our blog regarding 60 day notices, the Committee for Education and Research on Toxics (CERT) filed a Proposition 65 enforcement action alleging that ready-to-brew coffee exposes coffee drinkers to acrylamide (a chemical known to the state of California to cause cancer). CERT v. Brad Berry Co., Ltd., No. BC461182 (Cal. Sup. Ct., Los Angeles County, filed on May 9, 2011). Included as defendants are a number of high profile coffee roasters and retailers.

According to the suit, a single 12 oz. cup of coffee “contains anywhere from four to 100 times the No Significant Risk Level for acrylamide established by California’s Office of Environmental Health Hazard Assessment.” We look forward to seeing how this case plays out.

Lee Smith

Lee N. Smith focuses his practice on land and natural resource regulation and development, environmental compliance, water law, and litigation. He is experienced in federal and state water quality, air quality and hazardous materials compliance issues, including environmental due diligence projects for mining…

Lee N. Smith focuses his practice on land and natural resource regulation and development, environmental compliance, water law, and litigation. He is experienced in federal and state water quality, air quality and hazardous materials compliance issues, including environmental due diligence projects for mining and energy projects. He has handled cases before the Central Valley Regional Water Quality Control Board, the San Joaquin Unified Air Pollution Control District, and local environmental agencies. He has drafted and negotiated environmental provisions for complex agreements and assisted clients on due diligence issues. Lee has also been involved in state court litigation concerning pesticide contamination, the California Environmental Quality Act (CEQA), and Prop. 65 litigation, as well as federal litigation involving pesticide registration and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA). Lee Smith is a partner in our Sacramento and Fresno, California offices.

Practice Areas

  • Water Quality
  • Environmental and Natural Resources
  • Wine and Vineyard Law

Professional Associations

  • Fresno Chamber of Commerce, Environmental Issues Committee Counsel
  • Citizen’s Advisory Committee to the San Joaquin Valley Unified Air Pollution Control District
  • California State Bar Association, Environmental Law Section, Chair

Education

  • University of Utah College of Law, J.D., 1988, William S. Leary Scholar, 1985-1986
  • Brown University, A.B. environmental studies, 1981

Bar Admissions

  • California
Read more about Lee SmithEmail
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  • Posted in:
    Food, Drug & Agriculture
  • Blog:
    Food Liability Law
  • Organization:
    Stoel Rives LLP

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