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A nonprofit has sued Kroger.Stephen Zenner/SOPA Images/LightRocket via Getty Images
  • The environmental nonprofit filed a suit against Kroger.

  • The salad kit, frozen fruit, and bagels are alleged to be affected by the suit.

  • This same nonprofit previously sued Trader Joe's.

Kroger has been sued over claims that some of its private-label products contain high lead levels. Retailers and environmental activists are at odds over lead levels in products found in stores across the country.

The suit was filed in Los Angeles County Superior Court on Monday on behalf of the Ecological Alliance. Kroger did not immediately respond to Insider's request for comment, and has not yet filed a response to the Ecological Alliance's claims.

According to the lawsuit, Ecological Alliance commissioned an independent food testing lab to test a number of Kroger products. The lawsuit says that Kroger's salad kit contained 70.1 micrograms of lead, well over the state's daily maximum exposure level. Kroger has two private label brands, Simple Truth and Private Selection. The Ecological Alliance said that it found lead content at least 13 times higher than California's daily maximum exposure level.

According to a statement sent to Insider, Kroger should immediately remove these items from its shelves and put into place new quality controls.

According to the lawsuit, Ecological Alliance warned Kroger, California's Attorney General, and the city attorneys in each large California city several times between June and October of 2021. The public officials have failed to commence and diligently prosecute a cause of action against Kroger according to the lawsuit.

Lead is a longstanding public health concern in the United States. Exposure to the heavy metal through water, contaminated dust, and lead paint is believed to be linked to intellectual disabilities in children and infertility and neurological problems in adults according to the US Centers for Disease Control and Prevention. Even low levels of lead in blood have been shown to affect learning, ability to pay attention, and academic achievement.

Kroger has come under fire before over allegations of lead levels in its products. Kroger and other companies have recalled meat products due to concerns about lead levels. Large retailers have received scrutiny in the past. Walmart and Target were sued by the New York attorney general for selling lead-contaminated toys.

It is not the first time that Dubey has tangles with a major retailer. The attorney filed a lawsuit against Trader Joe's on behalf of Ecological Alliance. A case management conference is scheduled for March 21. In the past, Ecological Alliance has received backlash. Best Brands Consumer Products sued Ecological Alliance in 2020 for making claims about an unsafe product.

The original article is on Business Insider.

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