California Advocacy Organization Files Prop. 65 Violation Notices over Lead in Fruit Products

The Environmental Law Foundation has notified more than four dozen food manufacturers and retailers that they are in violation of California’s Proposition 65 Toxics Right to Know law (Prop. 65) after testing purportedly indicated the presence of lead in numerous fruit and fruit juice products.

According to the foundation, “apple juice, grape juice, packaged pears and peaches (including baby food), and fruit cocktail” products contained “enough lead in a single serving that they require a warning” under Prop. 65, and the companies, since June 9, 2009, “have exposed and continue to expose consumers of their food products to lead” every day. California’s attorney general, city attorneys and county district attorneys received copies of the notice. The foundation declares in the notices that it intends “to bring suit in the public interest” against the listed companies in 60 days to correct the Prop. 65 violations.

A foundation news release indicates that the notices are based on tests involving 398 samples of 146 different branded products purchased throughout the state. The types of foods chosen for testing represented “food product categories that children like and eat often and which the data showed had widespread presence of lead.” The foundation cites research indicating particular risks for children and fetuses exposed to lead. See Environmental Law Foundation News Release, June 10, 2010.