Lead in Candy

Effects of Excessive Lead Exposure

Lead is a highly toxic substance, exposure to which can produce a wide range of adverse health effects. Both adults and children can suffer from the effects of lead poisoning, but childhood lead poisoning is much more frequent. Over the many years since we have known about the hazards of lead, tens of millions of children have suffered its health effects. Even today, hundreds of thousands children under the age of six have too much lead in their blood.

There are many different health effects associated with elevated blood lead levels. Young children under the age of six are especially vulnerable to lead's harmful health effects, because their brains and central nervous system are still being formed. For them, even very low levels of exposure can result in reduced IQ, learning disabilities, attention deficit disorders, behavioral problems, stunted growth, impaired hearing, and kidney damage. At high levels of exposure, a child may become mentally retarded, fall into a coma, and even die from lead poisoning. Lead poisoning has also been associated with juvenile delinquency and criminal behavior.

The Issue of Lead in Candy

Tests show that chili powder, tamarind and ink in wrappers all have had levels of lead that can cause brain damage in children who regularly eat Mexican candies. At least eight Mexican candy companies have been penalized by U.S. health regulators for producing candy that tested high for lead. State and federal agencies have issued public- health advisories, forcing stores to pull the candies off their shelves and change their candy- making methods.

But instead of cleaning their candies for kids everywhere, some companies made a cheaper choice. The came up with two recipes. They sold candies that can be dirty and prone to high lead levels to kids in Mexico. The other recipe was designed to pass muster with U.S. health regulators for export across the border.

Companies that left lead in candies didn't just hurt the Mexican kids; those candies also sometimes show up in stores in the United States in heavily Latino areas. Mars and Hershey, which own some Mexican candy-making companies, share blame in this.

The U.S. Food and Drug Administration and California regulators have known about the problem of different versions at least since 2002, internal memos show, yet they did not do comparison testing of the two versions. They didn't work with companies in Mexico to make sure the two versions are easily distinguished. And they did almost nothing to address the problem of these candies crossing into the United States. Over the past three years the FDA, which screens food products at the border, has averaged fewer than four candy tests per month, according to records.

Large U.S. distributors will buy the Mexican versions of candies across the border and truck them over. So do small-time entrepreneurs who deliver the goods to convenience stores and ice cream trucks. Unless a candy is the subject of an FDA alert, importers can legally bring it in. In most cases, candies pass through the border. If distributors knowingly ship candies that contain high amounts of lead, they could face penalties, but it is unclear if this has ever happened.

News Release

May 21, 2004

CENTER FOR ENVIRONMENTAL HEALTH FILES LEGAL NOTICE AGAINST MEXICAN CANDY MANUFACTURERS FOR CANDY CONTAINING LEAD

The Center for Environmental Health (CEH) has filed a 60- Day Notice to the California Attorney General's office of intent to sue the manufacturers, distributors, and retailers of Mexican candy for exposing children to dangerous amounts of lead in their products.

Many types of Mexican candy and their wrappers have been shown to contain high amounts of lead in numerous tests conducted by the California Department of Health Services, the Food and Drug Administration, and an independent lab hired by the Orange County Register. However, little has been done by regulating bodies to eliminate this health threat from our communities. This health threat disproportionately affects Mexican citizens and Latino communities in California.

CEH hopes their actions will add to efforts by the Environmental Health Coalition (EHC) in San Diego to force the makers of this contaminated candy to clean up their act so that children in California and in Mexico can safely eat their candy.

"It is unacceptable that these corporations continue to knowingly expose children to toxic amounts of lead," said Michael Green, executive director of CEH. "We expect our actions to change the companies' behavior so that their product is clean."

CEH has been working closely with EHC to address this serious threat to children's health. EHC has led a longstanding campaign to force the regulatory bodies in California to address this issue by conducting extensive testing of imported candy and better informing the public.

CEH hopes that the suit against the companies will further this campaign and EHC's efforts to have the contaminated candy removed from stores. Proposition 65 is California's Safe Drinking Water and Toxic Enforcement Act of 1986, which ensures the public's right-to-know about toxic chemicals in consumer products and in the environment. Public interest groups like CEH use Prop 65 to hold corporations accountable for their environmental and health impacts.

The Center for Environmental Health protects the public from environmental and consumer health hazards. We are committed to environmental justice, reducing the use of toxic chemicals, supporting communities in their quest for a safer environment, and corporate accountability. We change corporate behavior through education, litigation, and advocacy.