California Proposition 65 Caramel Coloring Suits

This January, Consumer Reports, an independent product testing organization, released a report entitled "Caramel Color:  The health risk that may be in your soda" detailing its investigation of the presence of 4-methylimidazole ("4-MeI"), an impurity and potential carcinogen created during the manufacturing of caramel coloring, in various soft drinks.  Because 4-MeI is a potential carginogen, and identified as such under California's Proposition 65 law, any food or beverage sold in the state that exposes consumers to more than 29 micrograms of 4-MeI per day is supposed to carry the Proposition 65 warning.  The investigation by Consumer Reports concluded that varying amounts of MeI were found in a variety of soft drinks, including Coca-Cola, Diet Coke, Dr. Pepper, Brisk Ice Tea, and A&W Root Beer; and found levels of 4-MeI that purportedly exceeded the Proposition 65 threshold in 365 EveryDay Value Dr. Snap, Pepsi, Diet Pepsi, Pepsi One and Malta Goya.  These latter