Kroger lawsuit claims co. sells foods containing heavy metals without Prop 65 disclosure

Kroger lawsuit overview:

• Who: Consumer Advocacy Group Inc. filed a class action lawsuit against The Kroger Co. and Ralphs Grocery Co.
• Why: The lawsuit claims that Kroger and Ralphs violated California’s Proposition 65 by failing to disclose their seaweed and ground cinnamon products contain heavy metals.
• Where: The Kroger Prop 65 lawsuit was filed in the Superior Court of the State of California, County of Los Angeles.

A new Kroger lawsuit alleges the grocery chain violates Proposition 65 by selling products without disclosing they contain heavy metals, Law360 reports.

Consumer Advocacy Group Inc. filed the complaint against The Kroger Co. and Ralphs Grocery Co. sell roasted seaweed products that contain cadmium and ground cinnamon that contains lead without disclosing the heavy metal content.

Kroger lawsuit claims defendants violated Prop 65 by failing to disclose chemicals

Proposition 65 requires California businesses to provide “clear and reasonable warnings” to consumers when their products include chemicals deemed harmful under the law.

According to the Kroger Prop 65 lawsuit, the law lists chemicals typically known to cause health products, reproductive harm, birth defects and cancer. Cadmium and lead are included as chemicals that must be disclosed under the law.

SeaSnax, Organic Roasted Seaweed and Wasabi seaweed products sold by Kroger and Ralphs did not include the required disclosure, the Kroger Prop 65 lawsuit alleges.

“However, seaweed tends to contain high levels of toxic substances, such as lead, cadmium and arsenic because of its capacity to absorb heavy metals due to its spongy characteristics which makes them a less safe option, contrary to consumer perception,” one of the Consumer Advocacy Group’s attorneys said in a statement to Law360.

Kroger’s private label ground cinnamon products allegedly contain such high levels of lead to warrant discarding them based on advice from the U.S. Food and Drug Administration, the attorney said.

Consumer Advocacy Group asserts it notified the stores about the potential Ralphs and Kroger Prop 65 violations but the defendants allegedly continued to violate the law. The grocery companies are therefore liable for civil fines of up to $2,500 per day per violation under the Health and Safety Code, according to the Kroger lawsuit.

Recently, Kroger faced a recall of various pre-cut vegetables and dip products sold at its stores in several states due to potential listeria contamination.

What do you think about the Kroger lawsuit? Join the discussion in the comments.

Consumer Advocacy Group Inc. is represented by Reuben Yeroushalmi of Yeroushalmi & Yeroushalmi.

The Kroger Prop 65 lawsuit is Consumer Advocacy Group Inc. v. The Kroger Co., et al., Case No. 24STCV20199, in the Superior Court of the State of California, County of Los Angeles.

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