Two plaintiffs have alleged that McCormick & Co. Inc. sells herbs and spices that “expose consumers to heightened levels of toxic heavy metals, including lead, arsenic, and cadmium,” without providing warnings. Balistreri v. McCormick & Co. Inc., No. 22-0349 (N.D. Cal., filed January 18, 2022). The complaint cites a Consumer Reports article, “Your Herbs and Spices Might Contain Arsenic, Cadmium, and Lead,” that purports to have found “sufficient levels of toxic metals as to render them unsafe for human consumption.”

“As a result of Defendant’s respective representations regarding the safety of their herbs and spices, and Defendant’s concealment of the fact that its herbs and spices contained elevated levels of toxic heavy metals, Plaintiffs and the Class members reasonably believed that Defendant’s Products were free from substances that would negatively affect children’s development as well as their own health,” the complaint asserts. The plaintiffs seek to represent a class of consumers alleging violations of California’s consumer-protection statutes and the Magnuson-Moss Warranty Act.

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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.

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