Kroger Lawsuit Claims Retailer Knowingly Sells Food Products Containing Unacceptable Amounts Of Lead

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Kroger Lead Contamination Lawsuit Overview: 

• Who: The Ecological Alliance has filed a lawsuit against Kroger.
• Why: The Ecological Alliance claims Kroger knowingly sells certain food products containing more than the acceptable amount of lead.
• Where: The lawsuit was filed in Los Angeles County Superior Court.

Kroger fails to disclose the presence of lead in a number of its products, including its spinach with bacon salad kits and sweet peas & carrots, a new lawsuit alleges. 

The Ecological Alliance, a non-profit environmental group, claims Kroger is in violation of California’s Safe Drinking Water and Toxic Enforcement Act of 1986, also known as Proposition 65, by not disclosing the presence of lead to its customers. 

Exposure to lead can lead to a number of adverse health effects, including kidney failure, brain damage, high blood pressure, learning disabilities and behavioral health problems, among other things, according to the lawsuit. 

The Ecological Alliance claims that Kroger’s spinach and salad kits, as only one example, were found to contain more than 140 times the acceptable amount of lead allowed per day for adults under Proposition 65. 

Other affected Kroger products tested contained between 66 times (sweet peas & carrots) and two times (strawberry applesauce) the acceptable amount of lead, according to the lawsuit. 

Kroger ‘Knows And Intends’ To Sell Products Containing Lead

Kroger, meanwhile, “know(s) and intend(s) that their Products expose consumers in the State of California to Lead,” the lawsuit alleges. 

The Ecological Alliance says it sent notice of violation letters on three separate occasions to Kroger, California’s attorney general, every district attorney in the state and city attorneys located in cities with populations greater than 750,000. 

Letters were also sent to 10 unknown defendants who manufacture, distribute and/or offer for sale products that contain lead in the State of California, according to the lawsuit.

Despite this, the Ecological Alliance claims no action has been taken to remedy the situation, including by prosecuting a cause of action against Kroger under Proposition 65. 

The Ecological Alliance is requesting injunctive relief to keep Kroger and all defendants from being able to manufacture, distribute, sell or serve products containing lead without first offering a warning in the State of California. 

Salad produced by Dole and sold by Kroger, among others, was recalled last month following an outbreak of Listeria monocytogenes that led to the death of two people. 

Have you purchased a food product sold by Kroger that potentially contains high levels of lead? Let us know in the comments! 

Additional Information for Case Tracker & Video: 

The Ecological Alliance is represented by Vineet Dubey of Custodio & Dubey LLP.

The Kroger Lawsuit is Ecological Alliance, LLC v. The Kroger Co., et al., in the Superior Court of the State of California County of Los Angeles. 

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