Prop 65 Lawsuit Targets Frozen Spinach Over Toxins

A legal battle has emerged over Green Giant frozen chopped spinach, with plaintiffs alleging the product contains the toxic heavy metal cadmium and should carry a warning label. This lawsuit is the latest in a series of cases under California's Proposition 65, enacted in 1986. The law requires businesses to warn consumers about exposure to over 900 hazardous chemicals, acting as a stringent consumer chemical regulation.

Proposition 65 has evolved into a significant revenue stream for private attorneys who bring suits "in the public interest," with their legal fees paid by defendants upon success. In 2025, a record 1,833 settlements and judgments related to Proposition 65 violations cost defendants $86 million, with nearly 90% of that amount, $75 million, going to plaintiffs' lawyers for fees.

Companies often resolve these cases by reformulating products or adding warning labels. However, defense attorneys contend that recent lawsuits, targeting items like shiitake mushrooms and spinach, focus on naturally occurring elements rather than industrial pollution. They argue that elements like cadmium are naturally present in these foods at levels unlikely to cause harm, deviating from the law's initial purpose of promoting responsible manufacturing.

The current spinach case was filed last summer, alleging that Green Giant frozen spinach contains cadmium, a substance classified by California as a carcinogen. While plaintiffs' lawyers present lab testing results showing cadmium levels, the defense asserts that these levels fall below regulatory limits and pose no significant risk. The litigation is marked by contentious exchanges between legal counsel.