Customers Paying Price for Prop 65 Serial Lawsuits in California

Law allows anyone to sue restaurants in the "public interest" if they don't warn about chemicals in their food


Customers are ultimately paying the price for lawsuits against some Los Angeles-area restaurants, according to CBS2 investigative reporter David Goldstein.

In the past six months, artist Raphael Delgado has had his attorney write letters to 20 restaurants, including California Pizza Kitchen, Maria's Italian Kitchen and Big Daddy's Fire Grill, in which he claims he's documented violations of Proposition 65, which requires businesses to warn residents about possible exposures to chemicals.

Goldstein reported that Delgado is following the letter of the law, which states that "any individual acting in the public interest may enforce Prop. 65 by filing a lawsuit against a business."

In January, the owner of Big Daddy's, Dennis Constanzo, said he was threatened with legal action for supposedly not posting warning signs.

"(Delgado) indicated he wanted to settle the matter. And that is what it's all about," he said.

Three restaurants have settled with Delgado, paying penalties and legal fees that added up to more than $15,000, according to the California Attorney General's website. Those costs could end up being passed on to customers in the form of higher food prices.