Amazon, Walmart Hit With Prop 65 Warning Letter Over Goji Berries

Food To Live Organic Goji Berries contain more lead than allowed under California’s Prop 65 law that protects its residents from harmful chemicals in products, according to the Pacific Justice Center.

The Prop 65 warning letter states that Amazon, Walmart, Jet.com, and Lexunder need to either notify their consumers about lead in Food To Live Goji Berries products or reduce levels of the chemical.

Lead is listed under California’s Proposition 65 as a chemical that is hazardous to human health, reproduction or presents a risk of birth defects, notes the warning letter. It has been listed under the law since Feb. 27, 1987.

“Ongoing violations have occurred every day since at least December 14, 2016, as well as every day since the products were introduced into the California marketplace, and will continue every day until clear and reasonable warnings are provided to product purchasers and users or until these known toxic chemicals are either removed from or reduced to allowable levels in the products,” states the goji berry warning letter.

The goji berry warning letter also notes that in addition to being identified as harmful to male and female reproductive toxicity, and known to cause developmental toxicity in 1987, in 1992, lead was identified as causing cancer by the State of California.

“The consumer exposures that are the subject of this notice result from the purchase, acquisition, and recommended use of these products,” states the goji berry warning letter. “Consequently, the primary route of exposure to these chemicals has been and continues to be through ingestion.”

According to the goji berry warning letter, the companies named need to recall the product already sold. Additionally, the Food To Live Organic Goji Berries products need to either be reformulated or warnings need to be provided to consumers about the lead content. The companies must also pay a civil fine, states the letter.



Prop 65 Warnings

The Safe Drinking Water and Toxic Enforcement Act, commonly known as Prop 65, was enacted in 1986. Under the law, a list of chemicals known to cause cancer, reproductive or developmental problems is published by the State. Currently, there are more than 800 chemicals listed under Prop 65.

Under the law, warnings must be provided to California consumers about products that contain chemicals listed by the State as hazardous to human health.

These warnings must be provided to consumers before they are exposed to the chemical; alternatively, the Prop 65 chemical in the products can be lowered to acceptable levels under the law.

Companies who are hit with a Prop 65 warning letter over chemicals in their product have a window of time to resolve the issue or they could face additional litigation.

The attorneys at Bradley/Grombacher are currently investigating Prop 65 claims and would be happy to help you if you are concerned about products you use.