Warning Letter Gives Target Notice of Acrylamide Prop 65 Violation

A California woman issued a warning letter to Target regarding chemicals found in two food products sold by the retail chain.

Kim Embry, through her attorneys, issued a notice regarding allegedĀ violations of Proposition 65. Under California’s Prop 65, consumers must be notified if companies include hazardous chemicals in their products. Embry alleges that two products sold by Target include Acrylamide, a chemical listed under Prop 65.

According to the warning letter, Simply Balanced Blueberry Fruit & Grain Bars and Market Pantry® Sugar Wafers, both sold by Target, include Acrylamide.

“The route of exposure to the chemical(s) in violation includes ingestion by consumers,” states the warning letter to Target. “These exposures occur through the reasonably foreseeable use of the products. The sales of this product have been occurring since at least July of 2017, is continuing to this day, and will continue to occur as long as the product subject to this notice is sold to and used by consumers.”

Consumers and others who may be exposed to Prop 65 chemicals must be provided a clear and reasonable warning before purchasing the product. “Parties are in violation of Proposition 65 by failing to provide such warning to consumers and as a result of the sales of these products,” states the warning letter, “exposures to Acrylamide have been occurring without proper warnings.”

The letter says that Acrylamide has been listed under Prop 65 as a hazardous chemical known to cause cancer since Jan. 1, 1990, Acrylamide has been listed as known to caused developmental/reproductive toxicity since February of 2011. “Pursuant to Proposition 65, notice and intent to sue shall be provided to violators 60 days before filing a complaint,” states the warning letter. “This letter provides notice of the alleged violation to the parties listed above and the appropriate governmental authorities.”

Acrylamide and Other Prop 65 Chemicals

Under Prop 65, the California publishes a list of chemicals known to cause health problems. Various committees continually evaluate chemicals for their effect on human health and update the list with their findings. More than 800 chemicals are currently listed under Prop 65.

Prop 65 committees weigh various factors when deciding to add chemicals like Acrylamide to the list, including:

  • If the chemical is listed in the California Labor Code;
  • If the chemical has been determined to be dangerous by the committees on Carcinogen Identification or Developmental and Reproductive Toxicant Identification;
  • Noting if the chemical is identified by an organization designated by one of the two committees as an authority on hazardous chemicals; or
  • Determining if the chemical is required to be labeled by a state or federal government agency, like the Food and Drug Administration.

If you are concerned that you and other consumers are being exposed to hazardous chemicals listed under Prop 65, contact an experienced attorney at Bradley/Grombacher to help.