Seafood Contains Toxic Metals, California AG Says In Lawsuit

California’s attorney general has sued five seafood companies for allegedly failing to warn buyers that their fish could contain toxic metals such as lead and cadmium.

According to California Attorney General Xavier Becerra, failing to warn about the presence of toxic metals violates the state’s Proposition 65, the Safe Drinking Water and Toxic Enforcement Act. Under this proposition, businesses are required to disclose the presence of dangerous chemicals which can cause cancer, birth defects, or other reproductive harm.

Pacific American Fish Company, Rhee Bros, Clearwater Seafoods, SeaQuest Seafood, and Jayone Foods allegedly fail to follow the requirements of Proposition 65 when they neglect to warn consumers that their seafood products could contain toxic metals such as lead and cadmium.

Lead has a well-documented history of being toxic and causing health problems including stunted neurological development in children. However, cadmium is just as dangerous. Both toxic metals can lead to serious issues such as kidney damage, brain damage, seizures, comas, and even death in high quantities.

Due to industry, agriculture, and mining contaminations of marine ecosystems, these toxic metals may make their way into the ocean – exposing fish to the dangerous toxins. When these fish are caught, processed, and sold, these metals may still be found within the products. It is up to manufacturers to test their fish for the presence of dangerous metals and warn consumers accordingly, Becerra notes.

Unfortunately, packaged fresh and frozen clams, fish, mussels, octopus, oysters, squid, and other seafood from the companies were reportedly tested by the California Department of Justice and revealed to contain these toxic metals. Despite the presence of toxic metals in the seafood products, the seafood company defendants failed to warn buyers about the risk of exposure, Becerra says in the recent lawsuit.

“Each Defendant has, in the course of doing business, knowingly and intentionally exposed individuals to lead—a chemical known to the State of California to cause reproductive harm and cancer—and/or cadmium—a chemical known to the State of California to cause reproductive harm—without first giving a clear and reasonable warning to such individuals,” the seafood toxic metals lawsuit contends.

Becerra’s lawsuit includes claims for violation of Proposition 65 and California’s Unfair Competition Law. The suit seeks civil penalties of $5,000 against each defendant along with injunctive relief prohibiting the defendants and other companies from further violations of California law.

“When California’s consumers, restaurants, and supermarkets purchase seafood, they shouldn’t have to worry about whether the products they’re buying contain toxic chemicals,” Becerra said in a press release after the lawsuit was filed.

“The seafood industry has a responsibility to ensure the safety of its products – and to warn consumers of any risks.”

Are you worried about the presence of metal in your seafood products? Share your thoughts in the comment section below.

The state of California is represented by Attorney General Xavier Becerra and other in-house attorneys from the California Department of Justice.

The Seafood Toxic Metals Lawsuit is People of the State of California v. Pacific American Fish Company, et al., Case No. unknown, in the Superior Court of the State of California for Alameda County.

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