"Toxic Treats" - Lead Candy Lawsuit

• Dangerous levels of lead detected in 112 distinct brands of candy.
• One in four candy wrapper samples have come up high for lead since 1993.

 Source: OrangeCounty Register, April 2004

In June of 2006, Los Angeles City Attorney Rocky Delagadillo, California Attorney General Bill Lockyer, and Alameda County District Attorney Tom Orloff struck a major agreement with three international food companies to resolve allegations they had violated California’s Prop. 65 by failing to warn consumers that the candy they produced in Mexico and sold in the United States contained dangerous amounts of lead.

Under the terms of the settlement:

• Effem Master Foods, Grupo Lorena, and Vero Cos. agreed to reformulate their products to reduce their lead content and to implement manufacturing practices that ensures no lead enters the candy.
• The companies also agreed to initiate periodic independent audits to ensure ongoing compliance.

Pepsi and Leaded Bottles

In April of 2006, Pepsi agreed to eliminate leaded labels on bottled soft drinks imported from Mexico to resolve California’s allegations that Pepsi violated the state’s Proposition 65 by failing to warn consumers the bottle’s labels contained lead, a toxic substance that can cause birth defects, learning disabilities and cancer.

This settlement was a classic example of why California’s Proposition 65 is a law that works.  Not only does the law require manufacturers to warn the public about the risk of exposure to harmful chemicals, it gives companies incentive to make their products safer.

Under the terms of the settlement:

• Pepsi agreed to immediately shift to lead-free labels on new bottles for products from Mexico.
• Pepsi agreed to eliminate existing lead-painted bottles for Mexican sodas within 10 years, with a target of eliminating 95 percent of such bottles within seven years.
• In addition to civil penalties, the settlement required Pepsi to pay $500,000 to fund surveillance activities to keep old Mexican Pepsi bottles out of California; voluntary independent environmental audits of small Mexican food companies that export products to the United States; projects to eliminate lead form food products, including candy; and education and outreach programs on exposure to lead.

Lead Paint – Lead Housing Lawsuit

In the summer of 2005, the LA City Attorney’s Office filed first prosecutions against apartment building owners as part of its Lead Paint Abatement Program.

• The City Attorney’s Environmental Justice Unit targets pre-1979 buildings suspected of lead-based paint hazards.
• Experts believe up to 60% of housing in Los Angeles potentially contains lead-based paint hazards that increase the risk of health concerns.
• Studies confirm lead is a serious neurotoxin, carcinogen and environmental lead exposure in children is associated with kidney damage, anemia, nerve damage, increased blood pressure and intellectual deficits [loss of up to 12 IQ points].

FAST FACTS

1. Lead exposure in pre-schools and day care centers poses the greatest threat of childhood lead poisoning
2.  An estimated 4.5 million children are in registered child care facilities and an unknown quantity more in unregulated day care situations

Source: Help Prevent Childhood Lead Poisoning Web site