Cancer Alert List

In response to a World Health Organization finding that red and processed meats can cause cancer, California is considering adding these meats to its cancer alert list. If the meats are added to the list, that could make it much easier for a personal injury plaintiff who has developed cancer as a result of consuming dangerous meat products to collect damages from the manufacturer. 

Since 1986, California’s Proposition 65 has required the state to publish a list of chemicals and other substances known to the state of California to cause cancer, birth defects, or other reproductive harm. Businesses that produce such chemicals are required to notify California consumers of the presence of the listed chemicals in their products, homes, or workplaces, or if the chemicals have been released into the environment.

A business must provide clear and reasonable warning, such as labelling on products, before knowingly and intentionally exposing anyone to a listed chemical. If the levels of exposure to the chemicals provide no significant cancer risk, or if the exposure is significantly below the levels shown to cause birth defects or other reproductive harm, the business is not required to issue warnings.

The World Health Organization recently released findings that red meat and processed meats, such as bacon, sausage, or hot dogs, can cause colorectal cancer in humans. According to the study, the risk of cancer is small, but increases as a person consumes more meat. 

Some experts believe that California will add processed meats to its Proposition 65 list. This would mean that the manufacturers would be responsible for warning the public of the risk of cancer. Meat manufacturers, of course, are strongly opposed to any labeling requirement, because any warning labels would be visible to customers at stores and restaurants. Federal law prohibits requiring warning labels on fresh meats, but it is unclear whether the prohibition applies to processed meats. 

Proposition 65 is a useful tool in personal injury suits for those who have been harmed by carcinogenic chemicals. The presence of a chemical on the cancer alert list can have an effect on any lawsuits concerning injuries caused by exposure to the chemical. If a person develops cancer as the result of exposure to a chemical or substance listed on the state’s cancer alert list, that person can use the substance’s presence on the list as evidence of its dangerous, cancer-causing properties. It can also demonstrate that the manufacturer or business was aware of the danger of exposing the public to the chemical.

If you have suffered injury because of exposure to a dangerous chemical, an experienced attorney can help you recover compensation for your injuries. Please call the skilled San Jose personal injury attorneys at Corsiglia, McMahon & Allard, L.L.P. to schedule an initial consultation.

• The Proposition 65 List
• California considers adding meat to cancer-alert list