Prop 65 Violation Notices Affecting Artificially Flavored Wafers

New Proposition 65 violation notices have been sent to the makers of vanilla and strawberry wafers that are allegedly artificially flavored. Any products that are made with particular chemicals and compounds as listed in Prop 65 need to be labeled as such within the State of California.

Prop 65 Violation Notice for Acrylamide in Wafers

The wafers named in the Prop 65 violation notices are sold at Walmart and are made in a vanilla and strawberry flavor. These allegedly contain acrylamide, which was listed on the Prop 65 list of dangerous chemicals in January 1990. Furthermore, it was listed as known to cause reproductive toxicity or developmental toxicity in February of 2011.

The product sales as named affecting the wafers on the Prop 65 violation notices have been occurring since May of 2017. Proposition 65 is a rule in California that provides that makers of products with dangerous chemicals include reasonable and clear warnings about exposures to those chemicals caused by ordinary product use.

The notice says that the manufacturers and distributors of these products have not been appropriately warning consumers about the risks of acrylamide. Acrylamide can be a neurotoxin via inhalation or by oral exposure. The toxic effects can include hallucinations, drowsiness, ataxia and distal numbness. Acrylamide is often added to foods during the frying, roasting or baking process.

Any high-temperature cooking process might result in acrylamide. Additionally, it forms from sugars and an amino acid naturally located in food; however, it does not come from the environment or from food packaging. The national toxicology programs report on carcinogens classifies acrylamide as reasonably anticipated to be a human carcinogen, although further research is being completed.

The U.S. Environmental Protection Agency also regulates the levels of acrylamide in drinking water to minimize the potential exposure to neurotoxic and cancer effects.

Acrylamide, in addition to many other dangerous items as listed within Prop 65, can cause serious medical issues for consumers who come into contact with them. Evaluated on an annual basis, Prop 65 includes known toxicants.

When a product is made with any substance listed on the Prop 65 list, a clear/reasonable warning must be affixed to the item to notify consumers. It is against the law for manufacturers to produce goods containing these toxicants without warning consumers.

Continued violations may lead to notices, fines, and other legal consequences. Consumers play a critical role in raising awareness about alleged Prop 65 violations when they become aware of dangerous chemicals inside food or other consumer goods.

Consumers and others who become aware of a product containing dangerous materials listed on Prop 65 may choose to take action to pursue a violation notice. These actions may stop the distribution of dangerous products that could expose California consumers to medical risks. If the company refuses to take action and comply, these actions may also turn into penalties and fines for the violating company.

If you or someone you know believes that a company is making and selling products in violation of Proposition 65, you need to consult with an experienced attorney immediately.

The lawyers at Bradley/Grombacher are available to help you investigate your claim. Fill out the form on this page to learn more.