Case: The Chemical Toxin Working Group Inc., a California non-Profit Corporation dba healthy Living Foundation Inc. v. Bumble Bee Food, LLC, a Delaware Limited Liability Company, WALMART INC., a Delaware corporation; WAL-MART.COM USA, LLC, a California limited liability company; WAL-MART STORES EAST, LP, a Delaware limited partnership; et al.

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Press release is issued by: David Steinman, Chief Officer of Healthy Living Foundation Inc.:

 

"The Bumble Bee case is of high importance to public health. This company is an alleged repeat violator of the California health law that protects consumers from exposures to dangerous chemical toxins. The current case is based on the test results showing extremely high levels of lead and cadmium where levels of lead alone are 56 times over safe harbor levels in one serving of Bumble Bee's Hardwood Smoked Oyster product imported from China. 

 

Bumble Bee was sued before in a similar action begun in 2012, went through similar motion practice as in this case, and settled a claim in a consent judgement in 2014 that imposed their obligation to reformulate their (also sourced in China) four canned oyster products and a clam product, or warn the consumers that the product(s) contain(s) lead and cadmium which are known to the state of California to cause "[cancer and] birth defects or other reproductive harm." Bumble Bee also took an obligation to cease the distribution and sale in California of any of the covered products.

 

As some large manufacturers of low-value, mass consumer foods employ different tactics, it might be the case that Bumble Bee here altered the packaging and continued selling the shellfish of Chinese origin without an effort to clean up their sourcing and manufacturing practices, which is a subject of further discovery.

 

China, where Bumble Bee sources the products in question, is notorious for its severe pollution, with numerous studies documenting the massive accumulation of chemical toxins in its coastal waters. Shellfish, being bottom feeders, filter these waters and accumulate pollutants in their bodies, posing an immediate risk to consumers due to very high levels of lead and cadmium. 

 

The public has a right to know what is in the products they consume, which is a core legislative intent behind Proposition 65. This watchdog law provides a self-funding mechanism for private enforcers that results in many manufacturers ceasing their practices of uncontrollably supplying to the market products with egregiously high toxic content—the content that, studies find, correlates with cancer, developmental and reproductive damage—particularly affecting pregnant women, embrious, fetuses, children, and individuals of childbearing age.

 

However, it is concerning that some manufacturers find it more cost-effective to stigmatise private enforcers and their attorneys rather than invest in safer sourcing practices or argue the merits of the case.

 

The judge in this case is very knowledgeable and his willingness to engage with this subject of utmost importance for public health is encouraging. Healthy Living Foundation hopes that the demurrers will be denied, allowing the case to proceed and ensuring that consumers are protected from these immediate dangerous exposures."