On February 5, 2026, a private Proposition 65 notice was filed and served alleging that certain freeze‑dried fruit products sold in California contain lead and that the sellers failed to provide the clear and reasonable warnings required under California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (commonly known as Proposition 65).

Who filed the notice and who is named
The notice identifies Precila Balabbo as the notifying party and is represented by the law firm Brodsky Smith. The document names the following entities as alleged violators: Safeway Inc.; Glencourt Inc.; Better Living Brands LLC; Albertson’s LLC; and Albertsons Companies, Inc. The notice states it was provided pursuant to Health & Safety Code § 25249.7(d).

Product and alleged chemical
The notice specifically identifies “Signature Select® freeze dried fruits that are offered for sale and/or sold in California by Albertson’s Companies, Inc.” as the product at issue. A non‑exclusive example listed in the notice is “Signature Select Strawberry Freeze Dried Fruit” with a listed UPC number. The chemical identified in the notice is lead, which the notice states is on the Proposition 65 list of chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.

Time period and route of exposure
According to the notice, the alleged violations have been occurring since at least February 5, 2026 and are continuing. The notice describes the primary route of exposure to the listed chemical as ingestion, explaining that when foods contaminated with the listed chemical are consumed, ingestion of the chemical will occur.

Allegations and requested resolution
The notice alleges the companies failed to provide the required clear and reasonable health hazard warning for the sale or use of the product in California. It sets out the resolution sought by the notifying party, including: (1) recall of products already sold (to the extent applicable); (2) providing Proposition 65‑compliant exposure warnings for products sold in the future or reformulating the products to eliminate exposures to the listed chemical; and (3) payment of an appropriate civil penalty as authorized under the law.

Supporting materials and procedural attachments
The filing includes a Certificate of Merit stating that counsel consulted persons with relevant experience or expertise and that, based on those consultations, there is a reasonable and meritorious basis for the private action. The notice also includes a Certificate of Service and an attached distribution list showing public enforcers who were served. Appendix A and Appendix B from the state Office of Environmental Health Hazard Assessment (OEHHA) are attached: Appendix A provides a summary of Proposition 65, and Appendix B contains the special compliance procedure and proof of compliance form referenced in the statute and regulations.

What the notice says about enforcement
The notice explains that it is being provided under the California Health & Safety Code provisions that govern private enforcement of Proposition 65; it states the notifying party’s intent to file a citizen enforcement lawsuit unless the alleged violators agree to the requested corrective measures. The notice does not itself impose penalties or orders; it is the first step in the private‑party enforcement process required by the statute.

What is included in the public appendices
The appendices included with the notice reproduce materials prepared by OEHHA explaining the Proposition 65 list, the “clear and reasonable” warning standard, exemptions, and the special compliance procedure that private parties and alleged violators may use in certain situations.

This summary describes the contents of the Proposition 65 notice and related attachments as reflected in the filing dated February 5, 2026. It does not offer legal advice or draw legal conclusions about the merits of the allegations. For more information, consumers should visit https://oag.ca.gov/prop65.