Consumer Advocacy Group, Inc. has filed a lawsuit against T.J. Maxx, its
parent company and its food supplier alleging that they failed to provide
a warning of lead content in a raspberry balsamic vinegar product in
accordance with the Safe Drinking Water and Toxic Enforcement Act of
1986 (Prop. 65), the California law that requires warnings on the labels of
products that contain substances known to cause cancer or reproductive
harm. Consumer Advocacy Grp. Inc. v. Olivier Napa Valley Inc., No.
BC580857 (Cal. Super. Ct., Los Angeles Cty., filed May 4, 2015).

The complaint asserts that because all “[v]inegar contains lead,” the
defendants should have known that the product was subject to Prop.
65 labeling requirements. Consumer Advocacy Group argues that it
investigated the product and gave notice of the alleged violation to each
defendant, the state attorney general, county district attorneys and city
attorneys but none of the authorities commenced any action. The group
seeks a permanent injunction mandating Prop. 65 warnings, penalties of
$2,500 per day per individual exposure, costs and attorney’s fees.


Issue 564

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.