First Witness In Landmark Mercury Tuna Case Would Require Warnings Placed On All Seafoodff

The lead witness for Attorney General Bill Lockyer’s Proposition 65 case against canned tuna proposed a threshold for mercury in seafood that is so low, every seafood product in the country would require a warning, the U.S. Tuna Foundation said last week. Dr. Deborah Clark Rice presented her controversial testimony this morning in San Francisco Superior Court where the case is being heard.

”Dr. Rice’s methodology of creating the MADL would require a Proposition 65 warning based upon a study that showed absolutely no adverse effects from methylmercury,” said Forrest Hainline, lead attorney for Bumble Bee, StarKist and Chicken of the Sea. “Lobster, halibut, salmon -- they would all require warnings if we accepted Dr. Rice’s MADL. Through this witness the Attorney General seems intent upon driving Californians away from eating fish. And in an age of obesity, poor diet and heart disease, I find this extraordinarily irresponsible.”

All seafood contains some trace amounts of naturally occurring mercury, though many species -such as chunk light tuna- contain substantially less than others. Nevertheless, seafood, especially species that are rich in omega-3 fatty acids like canned tuna, has been shown in numerous studies to have overwhelming health benefits. Recent scientific studies, including a just-released report by Harvard researchers, have praised seafood for its benefits in aiding childhood development, while others have credited seafood for slowing aging and preventing a host of other health problems, such as heart disease.

To help a narrowly defined population group -women who are pregnant, nursing or who may become pregnant- choose fish that are low in mercury, FDA and EPA identified five commonly eaten fish with very low mercury levels: shrimp, salmon, pollock, catfish and canned light tuna. According to the government’s advisory, pregnant and nursing women, women who might become pregnant and young children should eat up to 12 ounces a week of these types of fish. The government advisory also advises these special groups that they can safely eat up to six ounces a week of canned albacore tuna.

”The federal guidelines were developed to ensure that everyone, including pregnant women, have the best possible advice about seafood and nutrition,” said David Burney, Executive Director for the U.S. Tuna Foundation. “The FDA and EPA were very careful not to discourage seafood consumption altogether because of its overwhelming health benefits. The Attorney General seems to be ignoring this.”

Canned tuna does not violate Proposition 65 standards and Lockyer’s suit is the first of its type to invoke Proposition 65 on a scientifically-proven safe and healthy food.