CALIFORNIA – Major restaurant chains including Cheesecake Factory and P.F. Chang’s wil be required to post warnings for customers about mercury in fish, as part of a settlement announced early Feb. by Attorney General Bill Lockyer.
“We’re not trying to discourage people from eating fish, which is an important source of protein and an important part of a balanced, healthy diet,” said Lockyer. “But people have a right to know when they are being exposed to substances that can cause cancer, birth defects or reproductive harm, and businesses have a legal duty to provide that notice.”
The settlement, approved by San Francisco County Superior Court Judge Richard Kramer, requires the restaurants to pay $132,287 in civil penalties and another $132,287 to fund programs to educate consumers about mercury in fish, and to help finance the effort to monitor the defendants’ compliance with the settlement.
Other major restaurants covered by the settlement include: Red Lobster, Ruth’s Chris Steakhouse, Yard House, Chili’s, Macaroni Grill, Outback Steakhouse, Benihana, Chart House and Claim Jumper.
Lockyer filed the lawsuit in April 2003, alleging the restaurants violated Proposition 65 by failing to post “clear and reasonable” consumer warnings about exposure to mercury in shark, swordfish and tuna. Proposition 65 requires such warnings when consumers are exposed to substances known by the state to cause cancer or reproductive harm. Mercury and its various compounds are listed by the state as such substances.
The warnings will include a notice advising pregnant women and young children to not eat shark, swordfish, mackerel and tilefish. The same warning also advises expecting mothers and children to limit their consumption of tuna.
Two restaurant chains – Morton’s Restaurant Group and a corporation that includes Bennigan’s – will only be required to post a generic warning that advises customers known carcinogens or reproductive toxins may be present in food or beverages sold in the restaurant.
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