California announces Prop 65 settlement with Pacific American Fish Company over heavy metals allegations

California Attorney General Rob Bonta
California Attorney General Rob Bonta has announced another Prop 65 settlement with a seafood company | Photo courtesy of Sheila Fitzgerald/Shutterstock
6 Min

California Attorney General Rob Bonta has announced a USD 248,000 (EUR 207,773) settlement with Vernon, California, U.S.A.-based seafood distributor and processor Pacific American Fish Company (PAFCO) to resolve allegations of undisclosed high levels of heavy metals in its frozen seafood products.

“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,” Bonta said in a release. “That’s why California law requires businesses to warn consumers about potential harm from significant exposure to toxic contaminants.”

PAFCO is the latest seafood distributor to reach a settlement with the California government under Proposition 65, a state law requiring businesses to include a clear and reasonable warning of any toxic or cancer-causing substance in their products.

Both cadmium and lead are toxic heavy metals, and California has investigated multiple seafood companies for selling products with elevated levels of those chemicals without the required warning on their packaging. In 2020, the state sued five seafood companies for failing to include warnings: Halifax, Nova Scotia, Canada-based Clearwater Seafoods; Vernon, California-based PAFCO; Hanover, Maryland-based Rhee Bros, Inc.; City of Industry, California-based Seaquest Seafood Corporation; and Paramount, California-based Jayone Foods.

“The seafood industry has a responsibility to ensure the safety of its products – and to warn consumers of any risks,” then-California Attorney General Xavier Becerra said at the time. “I hope this lawsuit serves as a warning to any company that might skirt its responsibilities under Proposition 65. The California Department of Justice will hold you accountable.”

In April 2025, Bonta announced the first settlements with three of the seafood companies under Prop 65. Under the settlements, Clearwater was required to pay USD 304,165 (EUR 267,204), while Seaquest and Jayone were required to pay USD 81,440 (EUR 71,552) each.

Now, Bonta has announced another settlement, this time with PAFCO.

According to Bonta’s office, tests of the company’s products showed elevated levels of both lead and cadmium, confirming allegations made by third-party enforcers.

“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 attorney general’s office said in a release. “The products thus required warnings for reproductive toxicity under Proposition 65, which PAFCO did not provide, thereby violating both Proposition 65 and the [Unfair Competition Law].”

The settlement, which was agreed to in November 2025, was approved by the Superior Court of California for the County of Alameda on 22 Janaury.

The settlement requires the company to implement practices to minimize the introduction of lead and cadmium during processing and provide legally required warnings for elevated levels of heavy metals.

“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,” Bonta said. “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.”

As part of the settlement, PAFCO will pay USD 248,000 in civil penalties, attorney’s fees, and related costs.

No settlement has been announced for Rhee Bros, the fifth company sued by California under Prop 65 back in 2020. The latest settlement with PAFCO includes an opt-in provision that allows sellers of fresh or frozen seafood to join the settlement on similar terms, Bonta’s office said.

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