A Proposition 65 (“Prop 65”) plaintiff has issued the first 60-Day Notice of Violation concerning 4-Methylimidazole (4-MEI).  4-MEI, a chemical compound used to make certain products, is one of the over 850 chemicals on California’s Prop 65 list of chemicals known to cause cancer or reproductive harm.  4-MEI was placed on the Prop 65 list in 2011 because the National Toxicology Program concluded that 4-MEI caused lung tumors in laboratory animals.

On January 25, 2012, the Center for Environmental Health (an organization that frequently files lawsuits to enforce Prop 65) issued the first 60-Notice of Violation relating to 4-MEI.  The Notice alleges that several food manufacturers and supermarkets violated Proposition 65 by selling carbonated soft drinks with caramel coloring that contain 4-MEI without a Proposition 65 warning. 

The Office of Environmental Health Hazard Assessment (“OEHHA”) has issued a fact sheet on 4-MEI, available at http://oehha.ca.gov/public_info/facts/pdf/4MEIfacts_021012.pdf.  OEHHA notes that products that potentially contain 4-MEI include “certain colas, beers, soy sauces, breads, coffee, and other products.”

It remains to be seen whether other 60-Day Notices will be issued in the future concerning 4-MEI.  But since the chemical occurs in other food and beverages, particularly those that contain caramel coloring agents, it is important for companies to be on alert regarding the presence of this chemical in their products.

 

Photo of Melissa A. Jones Melissa A. Jones

Melissa A. Jones is a trial lawyer who provides experienced and practical counsel in complex business disputes, appellate matters and internal investigations. She has represented clients from a broad range of industries in complex civil litigation matters in both state and federal court…

Melissa A. Jones is a trial lawyer who provides experienced and practical counsel in complex business disputes, appellate matters and internal investigations. She has represented clients from a broad range of industries in complex civil litigation matters in both state and federal court, including the agribusiness, and oil and gas industries. Her practice includes an emphasis on Proposition 65 defense as well.

Melissa’s experience includes litigating claims for breach of contract, fraud, negligent misrepresentation, misappropriation of trade secrets, products liability, false advertising and unfair competition. Melissa has helped clients at every stage of litigation and has argued key motions and appeals, including several arguments before the U.S. Court of Appeals for the Ninth Circuit. Melissa also regularly defends companies in litigation claims related to California’s Safe Drinking Water and Toxic Enforcement Act (Proposition 65) and Unfair Competition Law (17200) and advises companies on Prop 65 compliance.

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