Lawsuit Filed Over Lead-Tainted Ginger, Plum Candies

Lawsuit Filed Over Lead-Tainted Ginger, Plum Candies

By Matt O’Donnell

A lawsuit filed last week by the State of California may open the door to a class action lawsuit by consumers who were exposed to lead-tainted ginger and plum candies sold at Whole Foods, Trader Joe’s, Target and other food retailers.

Attorney General Kamala Harris’ office filed the lead candy lawsuit on March 30 in San Francisco Superior Court, alleging the stores “knowingly and intentionally exposed individuals within the state of California to lead.” The lawsuit also listed dozens of manufacturers and distributors as defendants.

The AG’s office said laboratory tests verified lead in ginger and plum candies sold at major retailers such as Target and Whole Foods, as well as dozens of smaller companies and candy makers. State law requires companies to provide warning labels on products that contain even trace amounts of chemicals deemed harmful by the state.

The lawsuit did not specify how much lead was found in the ginger and plum candies. If the defendants are found guilty, they could be fined up to $2,500 per day for each violation.

The Centers for Disease Control and Prevention estimates more than 500,000 children in the U.S. have lead poisoning, which can damage developing brains and lead to lower IQ. The primary sources for lead exposure in children are contaminated drinking water, old paint and soil tainted by old leaded gasoline, according to the agency.

Whole Foods’ bulk ginger” and The Ginger People Baker’s Cut Crystallized Ginger Chips, and Trader Joe’s un-crystallized candied ginger are named in the lawsuit as not complying with the law.

Details on which other ginger and plum candy products are named in the lawsuit were not immediately available.

If the defendants are found guilty of violating the law, it may lead to a consumer class action lawsuit over the marketing and selling of the lead-tainted candy.

Updated May 6th, 2013

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