A new Proposition 65 notice of violation has been filed alleging that the popular company Trader Joe’s is involved in a violation. The Prop 65 acrylamide violation names the distributor and manufacturer as selling a product that contains a chemical listed as hazardous to human health under the law.
California voters first approved an initiative that ultimately became Prop 65 back in 1986. Under the Safe Drinking Water and Toxic Enforcement Act of 1986, Californians must be notified about their exposure to potentially dangerous chemicals, including those that are known to cause birth defects, cancer, or reproductive harm.
Prop 65 Acrylamide Violation Hits Trader Joe’s
In January of 1990, acrylamide was added to the Prop 65 dangerous chemicals list in California because of its connection to cancer. It was also connected to reproductive and developmental toxicity as of February of 2011. The claimant has initiated a Prop 65 acrylamide violation procedure by arguing that Trader Joe’s has a product on their market shelves being sold to consumers that contains this dangerous chemical.
Trader Joe’s chewy granola bar with maple flavor, oats, millet, quinoa and amaranth is named in the Prop 65 acrylamide violation notice. Proposition 65 requires that makers and distributors provide reasonable and clear warnings with their products that contain a listed chemical. According to the Prop 65 acrylamide violation notice, the manufacturer has been selling this product at least since May of 2017.
What Must Companies Do in Regards to Prop 65?
Chemicals added to the Proposition 65 list in California require that manufacturers review this list on annual basis to provide appropriate warnings. That list has been updated at least once per year since it was enacted and now includes more than 800 chemicals. In order to hold companies accountable for failing to notify consumers about the risks, consumers and consumer protection organizations, as well as the State Attorney General can hold companies accountable for Prop 65 violations.
Currently, Prop 65 is enforced through the California Attorney General’s Office as well as any city attorney or district attorney for an area with more than 750,000 in the population.
Consumers who identify that Proposition 65 violations have occurred must notify the company of their intention to proceed with further legal action if the company does not take steps to rectify the concerns. Many of these consumers get testing done to verify their suspicions and may also work with lawyers to put together the initial information for the 60 day notice to affected companies.
Any supporting documents associated with allegations of Prop 65 violations must be provided to the Attorney General’s Office. The Attorney General must take steps to make this information public knowledge.
Chemicals are added to the Proposition 65 list on an annual basis after they have been identified as causing cancer, reproductive toxicity, and/or birth defects. Proposition 65 has been in place since the 1980s and allows California consumers to hold manufacturers accountable when violations have occurred.
Do you believe that a product contains dangerous chemicals included on Prop 65? If so, your decision to take action could help protect others. Schedule a meeting today with the lawyers at Bradley/Grombacher to talk about your legal options.
Note: Bradley/Grombacher is not representing the plaintiff in this lawsuit.