Vegetarian Group Sues KFC Under Prop. 65 for Carcinogen in Grilled Chicken
The Physicians Committee for Responsible Medicine (PCRM) has sued KFC Corp. and its parent Yum! Brands, Inc. in a California court, alleging that they have failed to comply with Proposition 65 (Prop. 65) by selling grilled chicken without warning consumers that it contains a substance, PhIP, known to the state to cause cancer. PCRM v. KFC Corp., No. __ (Cal. Super. Ct., San Francisco Cty., filed September 23,
2009). According to a news source, the allegations are nearly identical to litigation PCRM filed in 2008 against other fast-food restaurants.
A court dismissed that complaint, citing the preemption of Prop. 65 claims by federal law which requires chicken to be cooked to food-safe temperatures. PCRM has reportedly appealed the court’s ruling, arguing that the food-safe temperature requirement is merely U.S. Department of Agriculture policy and that states traditionally govern public health and safety issues.
KFC was not apparently included in the earlier suit because its chicken at that time was fried and not grilled; PhIP, an amino compound added to the Prop. 65 list in 1994, is apparently created when meat is grilled. The company is now offering grilled chicken, and PCRM alleges that testing has revealed the presence of PhIP in 12 samples purchased from the company’s stores in California. According to the
complaint, “None of the locations where Defendant’s grilled chicken products were purchased for purposes of testing had posted clear and reasonable warnings that food sold on the premises contained a chemical known to the State of California to cause cancer.”
PCRM is seeking permanent injunctive and declaratory relief, the imposition of civil penalties of $2,500 per day for each Prop. 65 violation, costs of suit and reasonable attorney’s fees. A company spokesperson has reportedly stated that the chain “meets or exceeds all federal and state regulations for food safety, including Proposition 65.” He referred to a 2006 California attorney general letter saying that warnings
are not required for food products containing PhIP because cooking is needed to kill potentially dangerous pathogens than are responsible for foodborne illness, deemed to be a greater risk. See Nation’s Restaurant News, September 22, 2009.
