A new 60-day notice has been released regarding the Rite Aid antacid tablets due to claims that they contain chemicals or substances listed in Proposition 65.
Prop 65, or the set of rules in California that require manufacturers and makers to warn consumers about dangerous contents inside materials, includes annual updates for the chemicals listed. A California citizen has issued a notice regarding Rite Aid antacid tablets. Members of the public are allowed to issue such notices under the law when they believe a company is violating Prop 65.
Companies that make any item that includes chemicals known to be dangerous in terms of carcinogens or substances linked to reproductive harm have to inform customers on the labeling so that the consumer is aware of the risk prior to purchase.
That citizen claims to have become aware of violations of the Safe Drinking Water and Toxic Enforcement Act of 1986, also known as Proposition 65. Private citizens are able to take action on behalf of the general public when a company produces an item with chemicals included on the Prop 65 list while also failing to notify the public of these issues.
Allegedly, the Rite Aid brand of antacid tablets contain Cadmium, a substance that is known within California to cause reproductive toxicity for men and cancer for both men and women. In 1997, Cadmium was added to the list of chemicals known to cause reproductive issues. Cadmium was previously added to the list in 1987 due to its connection to cancer.
The affected products in the Rite Aid antacid tablets Prop 65 notice include the Ultra Strength, Extra Strength, and Regular Strength in a number of different flavors such as assorted berry, tropical fruit, peppermint, wintergreen, and assorted fruit.
In addition to the Rite Aid brand version of these tablets, TopCare products in 500 and 750mg in both regular and extra strength allegedly violate the statewide requirements. Customers who purchase the product will ingest it orally, a fact which the Rite Aid antacid tablet legal claim argues is of serious concern because of the exposure to Cadmium.
According to the notice, without the proper labeling on the exterior of the product, a consumer might not realize they are in danger of ingesting Cadmium and developing the linked reproductive or carcinogenic effects.
If the violators do not rectify the situation, states the notice, the claimant intends to pursue a private enforcement action. This step is typical in allegations of Prop 65 violations. In many cases of violations, those accused will have an option to fix the situation such that consumers know the risk in the future. If they fail to comply, the concerned consumer or organization can pursue further legal options.
If you or someone you know has recently learned of a Prop 65 violation similar to the Rite Aid antacid tablets, you may be able to pursue a legal claim. Such a claim begins in a consultation with experienced lawyers — schedule a consultation today with a dedicated attorney at Bradley/Grombacher.
Note: Bradley/Grombacher is not representing the plaintiff in this lawsuit.