California Lawsuit Filed After Lead Found in Whole Food, Trader Joe's Can

Manufacturers have to be a lot more specific in California than other states – and now Trader Joe’s and Whole Foods, among others, are facing a lawsuit for forgetting that. The state has filed against a group of major retailers after tests showed an unspecified amount of lead present in candies on sale in the stores - specifically, ginger and plum candy products.

Although the state has stated that laboratory tests have confirmed these claims, no details have yet been released about the true levels of lead.

The candies have fallen foul of California’s Safe Drinking Water and Toxic Enforcement Act, commonly known as Proposition 65, which mandates that even insignificant or trace amounts of an ingredient in products for human consumption must be declared on labels. Accordingly, the presence of lead – even an amount considered safe for humans – must be declared. It is the candy packaging’s failure to do so which lies at the heart of the lawsuit.

The suit was filed on April 29 by Attorney General Kamala Harris’ office, and asserts that retailers and candy makers have “knowingly and intentionally” violated Prop. 65 by exposing consumers to lead without warning. Although the state has stated that laboratory tests have confirmed these claims, no details have yet been released about the true levels of lead. California law, however, is pretty clear on the matter, and even minute levels may be enough to ensure successful prosecution. If found to be in violation, the manufacturers and retailers, who also include JFC International Inc., Food Market Managament Inc., Dakota Brothers, Island Specific Supermarket, Kam Lee Yuen Trading Co., Longchamp Corp., Reed’s Inc., and Tawa Supermarket, could face fines of up to $2,500 a day for every violation.