The state of California has reached separate settlements with Clearwater Fine Foods, Seaquest Seafood Corporation, and Jayone Foods over allegations that the companies sold seafood products with elevated levels of toxic heavy metals without warning consumers as required by state law.
“No one should have to question whether their food is safe to eat,” California Attorney General Rob Bonta said in an announcement. “That’s why California law requires businesses to warn our residents about potential harm from significant exposures to toxic contaminants.”
The Attorney General’s Office launched an investigation into seafood harvester Clearwater after being alerted to issues with several of the company’s clam products by a private enforcer. Testing by the government revealed the clam products had cadmium levels that surpassed the state’s “safe harbor” level, thereby requiring a warning to consumer under Proposition 65. Cadmium is a toxic heavy metal that can accumulate in the body over time and contribute to health issues such as kidney, reproductive, and developmental toxicity, according to the Attorney General’s Office.
Under the settlement with the state government, Clearwater will be required to pay USD 304,165 (EUR 267,204) in civil penalties, attorneys’ fees, and costs. Clearwater has also agreed to implement measures to reduce the presence of heavy metals in its clam products, such as monitoring harvesting, minimizing the introduction of heavy metals in processing, hiring a food quality auditor, and conducting compliance testing.
A separate investigation into seafood distributors Seaquest and Jayone also revealed eleveated levels of toxic heavy metals. Testing conducted by the Attorney General’s Office revealed levels of lead or cadmium that exceeded the state’s safe harbor levels, but the companies did not adequately warn customers.
Under the settlement, Seaquest and Jayone are required to pay USD 81,440 (EUR 71,552) in civil penalties, attorneys’ fees, and costs. The companies will also have to provide warnings and ask their suppliers to take action to minimize lead and cadmium in processing. Suppliers out of compliance with California’s Proposition 65 can also opt-in to the Seaquest/Jayone settlement on similar terms.
“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,” Bonta said. “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.”
