Coffee, Cancer, California — And the Politics of Credibility

If you Google coffee and cancer, you are more than likely to find numerous studies involving the two — The American Institute for Cancer Research (AICR) cites more than 1,000 studies that have been conducted. According to the AICR, “early in the research, some studies hinted that coffee might increase cancer risk. Larger and more well-designed studies now suggest the opposite: it may be protective for some cancers.”

So then how and why did a California judge rule last week that coffee sellers must post cancer warning signs in their establishments and on their product … especially given that the court case did not involve any specific claims of injuries or illnesses due to the consumption of coffee? There is a one-word answer to that question: politics.

Yet the fallout from the ruling is much more complicated than one word, as it serves to undermine the credibility of science, create cynicism around the legal system and further confuse the consumer. It will be up to the coffee industry, as well as individual coffee manufacturers and retail establishments to provide a consistent stream of information and context of the ruling to counter consumer confusion around the popular product.

The Ruling

Superior Court Judge Elihu Berle ruled tentatively on Wednesday, March 28, that coffee companies in California must carry a cancer warning label citing that the coffee companies had failed to prove that the consumer exposure to a chemical contained in coffee, acrylamide, was “safe”. A final ruling is expected in April, after the defendants submit objections to the March 28 decision. Tentative rulings are rarely reversed.

Acrylamide

Acrylamide occurs naturally as a chemical reaction between certain sugars and asparagine (an amino acid) in cooking, baking or roasting; roughly around 250° F. Acrylamide is found mainly in plant foods, such as potato products, grain products, or coffee. When these raw foods are heated or processed at home or commercially — such as making French fries, potato chips, bread or coffee — acrylamide is formed.

Acrylamide can also be industrially produced as a chemical compound with the chemical formula containing carbon, hydrogen nitrogen and oxygen — specifically C3H5NO. This compound is most simply described as a water-soluble thickener used in wastewater treatment, papermaking, and in manufacturing permanent press fabrics — just to name a few uses. It is this manufactured, highly concentrated form of acrylamide is what has the compound classified as a hazardous substance to which there is no disagreement.

When comparing the level of acrylamide manufactured for production vs. naturally formed in food — you are talking about concentrations between 500 and 2000 times greater than the average daily intake.

Prop 65

When the Safe Drinking Water and Toxic Enforcement Act — commonly known as Prop 65, was passed in California in 1986, acrylamide was only recognized in its chemical compound form for industrial use. So, it was naturally placed on the California toxins list where it remains today.

Only in 2002 was acrylamide discovered to form naturally in the heating or cooking of certain foods. Given that coffee is the second most consumed beverage on the planet — with 2.25 billion cups of coffee consumed throughout the world, every day — it seems logical, by layman standards, that the level of acrylamide produced in roasting coffee beans is relatively safe for the average coffee connoisseur.

The Coffee Industry Needs to get to Work

Pursuant to Judge Berle’s ruling that the coffee companies failed to meet their burden of proof on the safeness of acrylamide, it will be up to the industry associations, its’ members and the millions of small, independent coffee establishments to provide the information that consumers need to make an informed decision about their coffee consumption. That will take a coordinated effort with industry leadership that provides the information consumers deserve rather than an ominous cancer warning.

As for the future of coffee consumption in California … Darlington Ibekwe, a lawyer in Los Angeles summed it up brilliantly. When asked about the ruling he told AP: “Dude, I’m enjoying my coffee.”

About the Author | Bobbie Wasserman

Bobbie Wasserman, M.B.A., is managing director of Wave2 Alliances, a firm that builds or restructures corporate communication departments for multi-channel companies. She has worked with several direct selling firms, including in-house as VP of Public Relations for ViSalus and is a former VP of Corporate Reputation and Crisis Management at Edelman.