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4/11/03 San Francisco Chronicle
by Bob Egelko, Chronicle Staff Writer
Attorney General Bill Lockyer sued restaurant chains in California on Thursday for not warning customers about mercury in tuna, swordfish and shark, after a similar suit prompted changes by major supermarkets.
The suits in San Francisco and Los Angeles superior courts name nearly 20 restaurant companies, including Benihana, Outback Steakhouse, Claim Jumper and Morton's. Lockyer accuses them of violating Proposition 65, a California law that requires warnings about public exposure to chemicals at levels that may cause cancer or birth defects.
The earlier suit, in January, was filed against major food stores. In response, Safeway, Whole Foods, Trader Joe's and Albertsons agreed in February to start posting mercury warnings at fish counters, the first time warnings have been applied to food products since Prop. 65 was passed in 1965.
"We're not trying to discourage people from eating fish," said Tom Dresslar, a spokesman for Lockyer. "Fish is an important source of protein and should continue to play a prominent role in Californians' diet. "But the fish listed in this lawsuit contain high levels of substances known to cause cancer, birth defects and reproductive harm. People have a right to know when they are being exposed to such substances, and businesses have a legal duty under Proposition 65 to provide that notice."
Attempts to reach restaurant companies for comment late Thursday were unsuccessful. Mercury can damage the nervous system, affecting intelligence, memory and behavior. Pregnant women, nursing mothers and children are particularly vulnerable.
Compounds of methyl mercury, an organic form of the metal, are listed by the state as cancer-causing substances. Mercury enters water or air as waste from mines, power plants and solid- waste incinerators and works its way up the food chain, with the highest concentrations occurring in large predatory ocean fish, including ahi tuna, albacore tuna, swordfish and shark.
Lockyer has cited a recent study that found high concentrations of mercury in the blood of Bay Area residents who ate large amounts of fish for their health. The author, Dr. Jane Hightower, reported that her patients' mercury levels plummeted when they stopped eating fish.
The suit does not seek warning labels on canned tuna. Last July, a science panel recommended that the U.S. Food and Drug Administration warn pregnant women that eating large amounts of canned tuna may cause fetal damage from mercury. The San Francisco suit was filed against Benihana, Brinker International, Darden Restaurants, Kimpton Hotel & Restaurant Group, McCormick & Schmick Management Group, Morton's Restaurant Group, Outback Steakhouse, Porterhouse of Los Angeles and Ruth's Chris Steakhouse.
The Los Angeles suit was filed against Bennigans, Cheesecake Factory, Claim Jumper Restaurants, Hof's Huts, Landry's Restaurants, Metromedia Restaurant Group, P.F. Chang's China Bistro, TS Restaurants and Yard House Restaurants.
E-mail Bob Egelko at begelko@sfchronicle.com
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2003/04/11/BA235988.DTL
California AG Sues 16 Restaurant Companies Over Mercury in Fish
San Jose Mercury News
April 11, 2003
The California attorney general filed suit Thursday against 16 restaurant companies for serving swordfish, tuna and shark that contain high levels of mercury.
Some of the restaurants and companies named include the Cheesecake Factory, P.F. Chang's China Bistro, Kimpton Hotel and Restaurant Group, Red Lobster, Olive Garden, Chili's, Macaroni Grill, Outback Steakhouse, Roy's, Morton's, Chart House, Bennigan's, Benihana's and McCormick and Schmick Management Group.
The lawsuits were filed in Los Angeles and San Francisco after restaurant fish samples were found to have mercury levels exceeding those allowed under Proposition 65, said Tom Dresslar, spokesman for the Attorney General's office. That state toxics law requires businesses to provide warnings before exposing people to known carcinogens and reproductive toxins.
P.F. Chang's and Kimpton Group declined to comment.
"Certainly mercury is an issue," said Greg Ochinero, board member of the California Restaurant Association's Silicon Valley Chapter. "But...I can't imagine why the blame would be laid upon the restaurant industry. They aren't the ones that cause the pollution that puts the mercury in the food in the first place."
Thursday's suits follow one in January by the state Attorney General's office against major grocery chains.
Mercury is a naturally occurring element present in plants and animals. Some scientists believe it can be released into the air through pollution and accumulate in streams and oceans, where it is transformed into methylmercury, which can be toxic at high levels.
Almost all fish have some mercury in their systems from absorbing water and eating aquatic organisms. Generally, the larger and more long-lived a fish, the more mercury.
People can accumulate the metal in their bodies. At high doses, mercury can cause brain damage, neurological damage in unborn or very young children, and even death, according to the U.S. Environmental Protection Agency.
Pregnant and breast-feeding women and women who might become pregnant, as well as children under 6, have long been advised not to eat shark, swordfish, tilefish or king mackerel, all of which have high levels of mercury. Adults who are not pregnant or nursing can safely eat up to one pound a week of fish and shellfish purchased at stores or restaurants; up to one-half pound a week of fish caught in fresh water; or up to one pound a week of fish caught in the ocean or saltwater bays.
Dresslar said he hopes restaurants will post warnings, as grocery stores already have. If they do not, they could face fines of $2,500 a day.
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