Mercury is a toxic metal that can cause severe neurological problems in children and adults. Mercury contamination is especially dangerous for women of child-bearing age as mercury exposure can also damage a fetus.
Tuna has been the subject of recent public concern due to the presence of mercury. Recent news reports have revealed high levels of mercury in many types of tuna and contradict official statements by the government on the safety of tuna.
Lieff Cabraser Heimann & Bernstein, LLP, is a national law firm that represents persons who have suffered serious injuries, including victims of mercury poisoning from tuna fish.
Regulation of Mercury Levels in Tuna
In 1970, the Food and Drug Administration ("FDA") issued a recall of 12.5 million cans of canned tuna. Since 1970 the FDA has issued no recalls for canned tuna and mercury levels in fish have been steadily rising from worldwide ongoing and increasing industrial activities.
In 1979, as a result a lawsuit by the fishing industry, the FDA raised the limit for mercury in fish to 1 part per million (ppm) from 0.5 ppm, despite the fact that nine years earlier, .75 ppm was sufficient for a recall of canned tuna.
Random testing of tuna by investigative journalists and environmental organizations has revealed that much of the canned tuna available in supermarkets exceeds the action level of 1 ppm of mercury contamination. The FDA considers canned tuna to be adulterated and unfit for human consumption if it contains methyl mercury at levels over 1 ppm.
Recent News on Tuna Mercury
On August 20, 2008, a U.S. Circuit Court of Appeals ruled that a class action suit against the manufacturer of Chicken-of-the-Sea tuna could be brought forward by consumers who say they were never warned that excessive consumption could lead to mercury poisoning. A unanimous panel found that a lower court improperly dismissed the suit in January 2007 on the basis that it was pre-empted by U.S. Food & Drug Administration regulations. The current ruling states that past FDA warnings to certain 'at risk' consumers, rather than all consumers, does not create a conflict with a general warnings against excess consumption from manufacturers.
On June 6, 2006, officials at Consumers Union, publisher of Consumer Reports magazine, said they decided to recommend a tuna-free diet for pregnant women based on a Chicago Tribune investigative series on mercury in fish and the latest testing by the Food and Drug Administration.
On February 16, 2006, the Seattle Times reported that some fish sold at Washington groceries contains so much mercury or PCBs that "people should limit their consumption, a study by the state Department of Health has found."
The article went on to note that halibut and red snapper bought from local Washington state stores had mercury at levels high enough that children and women of childbearing age should eat no more than one meal a week of the fish, based on EPA guidelines. And chinook salmon topped the list for the most PCBs, or polychlorinated biphenyls, a long-banned chemical suspected of causing cancer and impairing brain development.
On January 24, 2006, the Honolulu Advertiser reported that big-eye tuna, often sold as ahi tuna and served in sushi, contains higher levels of mercury than previously thought according to revised data from the FDA. The FDA also found high mercury levels in samples of Chilean sea bass.
No federal warnings exist for ahi tuna or Chilean sea bass, even though the average mercury level detected in the FDA tests was above the average in albacore tuna, which the government tells pregnant women and young children to limit eating.
On January 26, 2006, in a report on canned tuna mercury, the Chicago Tribune found that newly released government data provide the best evidence to date that some cans of light tuna -- one of America's favorite seafoods -- contain high levels of mercury. Testing by the Food and Drug Administration found that 6 percent of canned light tuna samples contained large amounts of mercury.
Symptoms of Mercury Poisoning in Children and Infants
Children are most sensitive to mercury poisoning during early development to age six. Mercury exposure in children can cause a severe form of poisoning termed acrodynia. Acrodynia is evidenced by pain in the extremities, pinkness and peeling of the hands, feet and nose, irritability, sweating, rapid heartbeat and loss of mobility.
Mercury can also affect the unborn fetus. Some organic mercury compounds (methylmercury) are known to interfere with fetal development, causing birth defects in children born of exposed mothers.
FDA Recommendations on Tuna Consumption for Pregnant Women, Infants and Young Children
The Food and Drug Administration recommends that certain fish and shellfish (described below) be entirely avoided by high-risk groups. Nearly all fish and shellfish contain traces of mercury which may harm an unborn baby or young child's developing nervous system. The risks from mercury in fish and shellfish depend on the amount of fish and shellfish eaten and the levels of mercury in the fish and shellfish.
In 2004, the FDA advised women who may become pregnant, pregnant women, nursing mothers, and young children to avoid some types of fish and follow three recommendations:
1. Do not eat shark, swordfish, king mackerel, or tilefish because they contain high levels of mercury.
2. Eat up to 12 ounces (2 average meals) a week of a variety of fish and shellfish that are lower in mercury.
Five of the most commonly eaten fish that are low in mercury are shrimp, canned light tuna, salmon, pollock, and catfish.
Another commonly eaten fish, albacore tuna (or white tuna) has more mercury than canned light tuna. When choosing your meals of fish and shellfish, the FDA advises limiting consumption of albacore tuna to only 6 ounces per week.
3. Check local advisories about the safety of fish caught by family and friends in your local lakes, rivers, and coastal areas. If no advice is available, eat up to 6 ounces (one average meal) per week of fish you catch from local waters, but don't consume any other fish during that week.
Tuna Mercury Poisoning and Legal Assistance
If you or a family member have suffered a serious injury or a loved one died after being exposed to toxic levels of mercury in fish, you may be eligible to file a claim. Please click here to contact an attorney at Lieff Cabraser to discuss your legal rights at no cost or obligation. We will handle all inquiries with the strictest confidentiality and sensitivity. Inquiries from Canada and other nations are also welcome.
You are also welcome to call us toll-free at 1-800-541-7358; Visitors from Canada can call 415-956-1000. Please ask to speak with lawyer Fabrice Vincent.
About Lieff Cabraser
Founded in 1972, Lieff Cabraser Heimann & Bernstein, LLP is a sixty-plus attorney law firm with offices in San Francisco, New York and Nashville. For the last seven years, the National Law Journal has recognized Lieff Cabraser as one of the top plaintiffs' law firms in America.
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