Attorney General Bonta Secures Prop 65 Settlement with Seafood Distributor and Processor After Company Fails to Warn of Heavy Metals in Products

OAKLAND — California Attorney General Rob Bonta today announced a settlement with Pacific American Fish Company, Inc. (PAFCO), a seafood distributor and processor based in Vernon, California, resolving allegations that the company sold frozen seafood products containing elevated levels of lead and/or cadmium into California without the warnings required for exposures to such contaminants, in violation of Proposition 65 and California's Unfair Competition Law (UCL). Under the settlement, PAFCO must implement practices that will minimize the introduction of lead and cadmium during processing, provide legally required warnings, and pay a total of $248,000 in civil penalties, attorneys’ fees, and other costs. The settlement also includes opt-in provisions that will allow similarly situated sellers of fresh or frozen seafood products to seek to join the settlement on similar terms.

“At a time when putting food on the table can be difficult, no one should have to question whether that food is safe to eat,” said Attorney General Bonta. “That’s why California law requires businesses to warn consumers about potential harm from significant exposure to toxic contaminants. We appreciate PAFCO’s cooperation in taking steps designed to minimize the levels of lead and cadmium in its products, in addition to providing required warnings to the public. At the California Department of Justice, we’re all in for consumers and are committed to holding accountable those who fail to warn Californians when they are exposed to toxic contaminants at elevated levels.”

Proposition 65 precludes any entity in the course of doing business from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or reproductive toxicity without first providing a clear and reasonable warning. 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 birth defects. Exposure to lead through ingestion of contaminated foods can lead to reproductive and developmental toxicity, creating an increased risk of miscarriage and birth defects.

The settlement with PAFCO resulted from an investigation the Attorney General’s Office conducted after private enforcers issued multiple 60-day notices relating to several seafood products processed and/or distributed by PAFCO in California. The data supporting these notices revealed that consumption of the PAFCO products resulted in exposures to lead and/or cadmium in excess of the regulatory “safe harbor” levels below which no Proposition 65 warnings are required.

Testing on a number of seafood products processed and/or distributed by PAFCO in California confirmed that exposures to lead and cadmium from many of these products exceeded the safe-harbor levels set by the California Office of Environmental Health Hazard Assessment for reproductive harm. The products thus required warnings for reproductive toxicity under Proposition 65, which PAFCO did not provide, thereby violating both Proposition 65 and the UCL.

Attorney General Bonta is committed to protecting the health and safety of Californians through enforcement of the state’s Proposition 65 law. This settlement resolves a 2020 lawsuit filed by the Attorney General’s Office. Last year, Attorney General Bonta announced settlements with three other companies, resolving claims 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 in violation of Proposition 65 and the UCL.