Attorney General Bonta Announces Settlements with Companies Selling Seafood Products in California Regarding Cadmium and Lead in Their Products

OAKLAND – California Attorney General Rob Bonta today announced settlements with Clearwater Fine Foods USA Inc. (Clearwater), Seaquest Seafood Corporation (Seaquest), and Jayone Foods (Jayone), resolving allegations that the companies sold fresh and/or frozen seafood products in California with elevated levels of the toxic heavy metals lead and/or cadmium without the warnings required for exposures to such contaminants, a violation of Proposition 65 and the Unfair Competition Law. The settlement with Clearwater requires it to pay a total of $304,164.98 in civil penalties, attorneys’ fees, and costs. Clearwater must also adhere to injunctive terms that include implementing heavy metal reduction measures.  A separate settlement requires Seaquest and Jayone to provide warnings, and to pay a total of $81,440 in civil penalties, attorneys’ fees, and costs. The Seaquest and Jayone settlement includes opt-in provisions that will allow other sellers of fresh or frozen seafood products to join in the settlement on similar terms.

“No one should have to question whether their food is safe to eat,” said Attorney General Bonta. “That’s why California law requires businesses to warn our residents about potential harm from significant exposures to toxic contaminants. We appreciate the cooperation of these companies in taking steps to minimize heavy metals in their seafood products, in addition to providing warnings if their products cannot be kept below the applicable regulatory threshold. At the California Department of Justice, we will continue to hold accountable those who fail to warn consumers that they are being exposed to significant levels of toxic contaminants.”

Cadmium and lead are both toxic heavy metals that accumulate in the body over time, leading to serious health issues. Long-term exposure to cadmium through ingestion can lead to reproductive harm and kidney toxicity. Exposure to lead by ingesting contaminated foods can lead to reproductive and developmental toxicity, resulting in effects such as reduced male fertility and an increased risk of miscarriage and birth defects.

The settlement with Clearwater, a seafood harvester, resulted from an investigation the Attorney General’s Office conducted after receiving Proposition 65 sixty-day notices from a private enforcer relating to several of Clearwater’s clam products. The data supporting these notices revealed cadmium concentrations in excess of the regulatory “safe harbor” level at which no Proposition 65 warnings are required.

After testing the Clearwater products to validate the test results, our office confirmed that the clam products at issue contained cadmium levels that exceeded the regulatory Proposition 65 safe harbor level set by the California Office of Environmental Health Hazard Assessment, the implementing agency. The products thus required warnings for reproductive toxicity under Proposition 65, which Clearwater had failed to provide, thereby violating both Proposition 65 and the Unfair Competition Law.

By entering into the settlement with the Attorney General, Clearwater has agreed to terms that go above and beyond the requirements of Proposition 65, and benefit public health by requiring Clearwater to minimize cadmium levels in its clam products. The settlement resolves the People’s allegations and requires the company to pay civil penalties, attorneys’ fees, and costs, as referenced above, as well as to adhere to injunctive terms. These terms include mandating that Clearwater monitor its clam harvesting, minimize the introduction of heavy metals during processing, retain a food quality auditor to assess the origin of any detected cadmium, and conduct compliance testing to ensure that levels of cadmium in these products are minimized. Clearwater would be required to provide warnings if its fresh or frozen clam products expose California consumers to levels of cadmium above the Proposition 65 warning threshold, or if it elects to discontinue these measures.

The settlement with Seaquest and Jayone, two distributors of seafood supplied by other companies, stems from a similar investigation conducted by the Attorney General’s Office.  Our office tested multiple seafood products distributed by the two companies and confirmed that the products at issue exceeded the safe harbor levels for lead and/or cadmium. The products thus required warnings for reproductive toxicity under Proposition 65, which neither company had provided, thereby violating both Proposition 65 and the Unfair Competition Law.

The Seaquest and Jayone settlement resolves the People’s allegations, requires both companies to provide warnings in accordance with Proposition 65, and requires them to ask their suppliers to implement practices that will minimize the introduction of lead and cadmium during processing. It also requires the payment of civil penalties and attorneys’ fees and costs, as referenced above. The settlement includes opt-in provisions that permit similarly situated companies that may be out of compliance with Proposition 65 to join in the settlement on similar terms.

A copy of the Clearwater settlement can be found here. 

A copy of the Seaquest and Jayone settlement can be found here.