FDA opposes additional warning over mercury in canned tuna

FoodConsumer.org, Sue Mueller
Published August 22, 2005

According to the San Francisco Chronicle, California Attorney General Bill Lockyer received a letter from the Food and Drug Administration last week, saying that states have no right to require canned tuna companies to put mercury warnings on the label. In June 2004, the California Department of Justice filed a lawsuit to require canned tuna companies, namely makers of Chicken of the Sea, StarKist and Bumble Bee brands, to put a mercury warning label on the can. This lawsuit was based on an anti-toxic law, so called Proposition 65, a 1986 state ballot measure. The law requires industries to put warnings over any chemical that imposes the risk of cancer and birth defects when consumers are exposed to it. The FDA letter argues that the state law is pre-empted by the federal law, and any additional state warning would confuse consumers about the risks and benefits of canned tuna. The letter also says that the FDA issues adequate warning via a fish consumption advisory through its own channel, its website for consumers. The FDA fish consumption advisory is updated periodically. However, California argues that the FDA's warning isn't enough, saying that many consumers have not learned the risk of mercury-polluted canned tuna, which could put a majority of the public in danger. Also California says that it has a right to protect its residents by taking more measures deemed necessary. The FDA's fish consumption advisory itself draws criticism from some health and environmental groups. For one, the Environmental Working Group says that the FDA's advisory does not warn against consumption of certain fish that actually carry more mercury than some fish in the warning list. The number of servings is also regarded as inadequate by some. Editor's note: When one talks about the safety issue, one needs to know who the subjects are and how much exposure the subjects receive. Is it safe to consume canned tuna? Yes, you can say it is safe if you are not a child-bearing woman, or you are an adult and not sensitive to mercury, or if you do not eat too many servings too often. But caution needs to be exercised by those who are vulnerable. Consumers should pay attention to what they eat and eat responsibly.