Stronger Fish Mercury Warnings Sought

Activists hope California suit spurs national seafood safety campaign

MONDAY, Jan. 27, 2003 (HealthDayNews) -- California activists say they hope a state lawsuit to force five supermarket chains to warn about mercury in fish will mark the beginning of a nationwide seafood safety campaign.

The activists, from two San Francisco-area organizations, filed court papers saying they planned to sue the five supermarket chains after tests revealed dangerously high levels of mercury in some species of fish the grocery stores sold.

The move prompted California Attorney General Bill Lockyer to file a lawsuit seeking to force Safeway Inc., The Kroger Co., Albertson's Inc., Trader Joe's Co. and Whole Foods Market Inc. to provide "clear and reasonable" warnings about the dangers of mercury in tuna, swordfish and shark.

"We hope this expands beyond California and really sends a message to state health agencies that they really need to step up their efforts to inform the public of the health hazards of mercury in fish," says Doug Israel, project director for the nonprofit Turtle Island Restoration Network, one of the two activist groups. The other is As You Sow, a nonprofit that focuses on the environment, health and safety.

"Contamination of seafood is a serious health threat," Israel says, "and it's the responsibility of retailers, as well as state health agencies and the federal government, to let the public know about the impact of the seafood they're eating."

Tests have also have revealed elevated mercury levels in swordfish and tuna samples from Andronico's Market and Costco Wholesale Corp. and in swordfish from a Red Lobster restaurant, Israel says. He says he expects the attorney general to add these two stores and the restaurant to the lawsuit.

Mercury occurs naturally in the environment and can be released into the air through industrial pollution that then accumulates in water. Waterborne bacteria transform the mercury into an organic form, methylmercury, which fish absorb when feeding. Thus, larger predatory fish accumulate higher methylmercury levels.

The Environmental Protection Agency (EPA) warns that high-level exposure to methylmercury can impair central nervous system function; cause kidney, gastrointestinal, cardiovascular and immune system damage; and even lead to shock or death.

And the U.S. Food and Drug Administration (FDA) urges pregnant women to avoid eating shark, swordfish, king mackerel and tilefish because high methylmercury content could damage an unborn child's nervous system. The FDA also advises nursing mothers and young children to avoid these fish.

The California lawsuit claims the five supermarket chains violated Proposition 65, a 1986 ballot initiative that requires businesses to provide "clear and reasonable" warnings before exposing people to known carcinogens and reproductive toxins. The EPA has classified methylmercury as a possible cause of cancer, but Proposition 65 lists it as a carcinogen.

In the lawsuit, the state seeks civil penalties that could total up to $2,500 a day for each supermarket chain's violations. And the suit alleges the stores have not complied with Proposition 65 since as far back as 1988.

However, Tom Dresslar, a spokesman for the attorney general, says the suit's main purpose is not seeking payment, but compliance, from the grocers.

"Our main objective is to get adequate warnings posted in the stores, and we're hopeful that we can reach a resolution to the situation," Dresslar says.

"We're not trying, by any stretch, to scare people away from eating fish," he says, but "to see that people are adequately warned" of the dangers of methylmercury.

Of the five supermarket chains named in the lawsuit, four would not comment.

In a statement, Whole Foods Market said it has provided handouts in stores and posted information on its Web site about methylmercury in some species of fish. Whole Foods said it believed such advisories exceeded Proposition 65 requirements.

Nonetheless, the company said it would cooperate with the attorney general's office in devising new methylmercury warnings.

Meanwhile, the two activist groups say they may test methylmercury levels in fish at other stores, markets and restaurants and work with organizations in other states to push for stronger warnings.

The Turtle Island group also says it is concerned about swordfishing killing endangered sea turtles. "People can protect their own health and our oceans by simply not eating swordfish," Israel says.

More information

For guidelines on fish consumption for pregnant women, nursing mothers and young children, visit the U.S. Food and Drug Administration. The Environmental Protection Agency offers more information on mercury contamination of fish.

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