State Sues Grocers, Alleging Failure to Warn Public of Mercury in Fish

California officials filed a lawsuit Friday against five grocery store companies, alleging that the grocers failed to properly warn consumers that the fresh and frozen fish they sell exposes consumers to mercury, a chemical known to cause cancer and reproductive harm.

The state attorney general’s lawsuit seeks to force the grocers to post warnings about mercury in tuna, shark and swordfish. The complaint names Kroger Co., the nation’s largest grocery store operator and parent of Compton-based Ralphs Grocery Co., along with Safeway Inc., Albertson’s Inc., Whole Foods Market Inc. and Trader Joe’s Co. in Monrovia.

“We’re not trying to scare people or tell them not to eat fish, because fish is a healthy source of protein,” said Deputy Atty. Gen. Susan Fiering, who is handling the case. “But we want people to understand that there are certain types of fish that are higher in mercury and should be avoided or limited, particularly during pregnancy.”

She said the U.S. Food and Drug Administration advises pregnant women not to eat fish with higher levels of mercury, including swordfish and shark, and to limit their intake of fish in general while pregnant.

“Ideally, right at the fish counter, there needs to be a clear and reasonable warning letting consumers know that certain fish are higher in mercury,” Fiering said.

None of the grocery companies could be reached for comment Friday. A spokesman for Ralphs said he had not seen the complaint.

The lawsuit, filed in Superior Court in San Francisco, contends that by failing to provide “clear and reasonable” warning, the grocers have violated Proposition 65, a ballot initiative approved by voters in 1986. The lawsuit is seeking penalties of up to $2,500 per day for each violation. The suit does not involve canned tuna.