Caramel Coloring Puts Soda Cos. In Prop 65 Crosshairs

Law360, New York (January 29, 2014, 7:35 PM EST) -- Consumer Reports recently discovered elevated levels of a potential carcinogen in PepsiCo. sodas, leading the U.S. Food and Drug Administration to launch an investigation and handing the plaintiffs bar ready-made claims under California's Proposition 65 labeling requirements.

The Consumer Reports investigation found many of the Pepsi and Goya Foods Inc. drinks it examined exceeded the 29 micrograms Proposition 65 limit for the chemical 4-methylimidazole, or 4-MEI, a potentially harmful impurity that can form in caramel coloring.

The FDA's decision last week to analyze the chemical gives credence...
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