A current court case in California is determining whether cans of tuna are required to have a Prop 65 warning on them:

Food industry and health groups nationwide are closely watching a lawsuit in San Francisco Superior Court that will reach a milestone Friday when a judge hears state attorneys claim that big canners are breaking the law by failing to tell consumers about mercury in tuna fish.

Not so, say lawyers for defendants StarKist, Chicken of the Sea and Bumble Bee. Their popular product makes a delicious and healthful sandwich, and doesn’t fall under the purview of Proposition 65, the initiative passed by voters 20 years ago to rid toxic substances in consumer products, food and water, they say.

The state sued in 2004 under Prop. 65 to force the tuna canners to warn of the risks of mercury, a potent neurotoxin. The companies already face penalties of $2,500 a day per violation dating back to June 2000, and the amount is growing every day as they refuse to warn, state attorneys say.

See the full article: San Francisco Chronicle.