Legal closure follows scientific closure on arsenic in wine

Reporting from California-based people who’ve been keeping eyes on this thing (W. Blake Gray at Wine-Searcher, Ben O’donnell at Wine Spectator) says that a California judge has dismissed the much-discussed lawsuit charging that a large pile of California wines contain dangerous amounts of arsenic and mislead consumers into thinking that they’re safe. The lawsuit has smacked of an ill-advised attempt to promote a fundamentally flawed business from the outset. Mr. Hicks and company started a company called Beverage Grades trying to sell consumers ratings for individual wines’ healthfulness, then set out to prove that consumers needed this kind of protection from fraudulently toxic wine. I’m speculating, and the plaintiffs may have had additional ulterior motives – a clinical phobia of poisoning by heavy metals, perhaps? — but it’s hard to ignore the business connection. 

I haven’t followed the legal side of the case, but I’ve written about the baselessness of the scientific side when Mr. Hicks first began pandering his wine rating business, when the lawsuit was first raised, and when a peer-reviewed scientific evaluation on the arsenic-in-wine question was published in the venerable American Journal of Enology and Viticulture in February this year. Throughout, BeverageGrades and the lawsuit’s plaintiffs have kept their own data under wraps while the independent scientific studies not only made theirs public, but passed them through scientific review. Even apart from everything else, that one fact tells you everything you need to know.

I’d love to claim scientific “closure” on the issue. I can’t, quite, but only because medical juries are still out on precisely where safe thresholds for arsenic consumption sits. But we can definitely say this: from a scientific, data-driven perspective, arsenic in wine isn’t a problem. Unless you’re literally drinking wine like water, in which case you have bigger issues. And while we’re at it, since arsenic is found naturally in water and soil, many of your other ordinary foods and beverages contain small amounts of it, and that’s both normal and okay.

We can’t quite claim legal closure on this story – given the plaintiffs’ track record, appealing today’s decision wouldn’t be out of character. But let’s say that, like the scientific story, the odds are looking very good indeed.

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