Lawsuit Over Baby Food Lead Levels Goes to Trial in California

Trial started this week in California state for a lawsuit that may decide whether food producers will be required to add information about baby food lead levels in California. 

The Environmental Law Foundation is pursuing a lawsuit in Alameda County Superior Court that claims companies should be required to tell parents how much lead is in baby food.

The case alleges that a number of major food manufacturers, including Gerber Products Co., Del Monte Foods and others, are in violation of an existing California law by not providing the information.

The law in question is California Proposition 65, which according to the original complaint (PDF) “requires businesses to warn California consumers before exposing them to chemicals that cause birth defects or cancer.” The lawsuit notes that in 1987, California Governor George Deukmejian declared that lead is subject to Proposition 65 because it is a reproductive toxicant. California Pete Wilson made a similar declaration in 1992, declaring lead and lead compounds to be carcinogens.

“There is no safe level of lead for children,” the lawsuit states. “Moreover, infants and fetuses are at the greatest risk of harmful effects from lead exposure. Fetuses who are exposed to lead in the womb may be born prematurely and have lower weights at birth.”

The Environmental Law Foundation published a list of baby food products (PDF) sold in the state should fall under Proposition 65.

Lead poisoning for children can result in nervous system injury, brain damage, seizures or convulsions, growth or mental retardation, coma and even death for young children.

The case begins just days after the U.S. Centers for Disease Control and Prevention (CDC) released a report that estimates that more than rhalf a million children ages 1-5 in the U.S. have levels of lead in the blood that are considered dangerous.

The trial is being overseen by Judge Steven Brick, who will issue a ruling after hearing expert testimony and arguments.