California lawsuit chips away at harmful chemical in snacks

By The Associated Press

Published: August 10, 2008

LOS ANGELES — Snack lovers, rejoice: Munching on potato chips just got a little healthier.

Four food manufacturers agreed to reduce levels of a cancer-causing chemical in their potato chips and french fries under a recent settlement announced by the California attorney general's office.

California sued H.J. Heinz Co., Frito-Lay, Kettle Foods Inc. and Lance Inc. in 2005, alleging they violated a state requirement that companies post warning labels on products with carcinogens.

The companies avoided trial by agreeing to pay a combined $3 million in fines and reduce the levels of acrylamide in their products over three years, officials said.

"Other companies should follow this lead,” Attorney General Jerry Brown said, calling the settlement "a victory for public health.”

"Everybody's trying to figure out how to lower levels (of acrylamide) without significantly, adversely affecting taste,” said Michele Corish, an attorney for Lance, which produces Cape Cod chips.

Corish said the modified snacks will be available nationwide. Messages left with the other three companies were not immediately returned.

The attorney general's office said the levels of acrylamide in most Cape Cod chips already are near the compliance level as defined by the settlement. However, Brown said Cape Cod Robust Russets contain 25 times the acceptable amount.

Corish said the "Robust Russets” line of potato chips are no longer being sold.

According to the terms of the settlement, Frito-Lay, which is owned by PepsiCo Inc. and produces most of the chips sold in California, will pay $1.5 million and chip-maker Kettle Foods will pay $350,000 in penalties. Heinz, which produces frozen fries, agreed to pay $600,000. Lance will pay $95,000.

The state also sued McDonald's Corp.; Wendy's International Inc.; Burger King Corp.; KFC, a subsidiary of Yum Brands Inc.; and Procter & Gamble Co. over acrylamide levels in 2005. Those lawsuits were settled after the companies agreed to either properly label their products or lower levels of the chemical.

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