California Sues Whole Foods, Trader Joe’s Over Lead in Candies

California Attorney General Kamala Harris recently filed a lawsuit against Whole Foods, Trader Joe’s, Target, and other food retailers, alleging that they were selling lead-tainted ginger and plum candies and other food products without the health hazard warning required by California law, the San Francisco Chronicle reported.

Under Proposition 65, companies selling products containing chemicals known to the State of California to cause cancer and/or reproductive harm must first provide a health hazard warning.  Violators can be fined up to $2,500 per day for each violation.  California has designated lead as a chemical known to cause cancer and reproductive harm for decades.

Among the products named in the suit are Reed’s Crystallized Ginger, Trader Joe’s Uncrystallized Candied Ginger, Whole Foods Bulk Ginger, Ginger People Baker’s Cut Crystallized Ginger Chips, Red Lantern Plum Candy, and Kan Rose Plum and Preserved Plum.

The Chanler Group represents citizen enforcers who, acting in the public interest, commence actions against businesses offering products for sale in California that contain chemicals known to cause cancer or reproductive harm without first providing the health hazard warning required by Proposition 65. Citizen enforcers bringing Proposition 65 actions in the public interest may obtain a Court Judgment imposing civil penalties, an injunction requiring reformulation of products, and/or provision of health hazard warnings. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.