Panda Express at 26447 Bouquet Canyon Road in Santa Clarita, Monday, Mar. 8, 2021. (Photo by Hans Gutknecht, Los Angeles Daily News/SCNG)
Marin County and other jurisdictions in California have reached a settlement of more than $1 million with Panda Express in a lawsuit alleging violations of health-and-safety laws.
The case involved the carbon dioxide containers the fast-food chain uses for its carbonated fountain beverage systems. The prosecution alleged that the company failed to train its employees to handle the carbon dioxide properly.
Prosecutors in Riverside County led the lawsuit and filed it there. The county has about 30 Panda Express restaurants.
“If not handled properly, carbon dioxide can leak unnoticed, displacing oxygen from the air, which can result in serious health effects or even death,” the Riverside County District Attorney’s Office said in a statement Tuesday. “In most jurisdictions, California businesses that use carbon dioxide are required by law to train employees on safe handling practices and how to detect leaks from tanks and supply lines.”
Panda Express failed to do so, the prosecution alleged. It also alleged the company failed “to accurately and completely disclose employee training information as required by California laws designed to ensure the safety of first responders, employees and customers.”
“This settlement was reached after Panda Express took steps to come into compliance with California law by properly training Panda Express employees and updating and reporting training records,” the statement said.
The company is based in Los Angeles County and operates more than 2,500 restaurants in the U.S., according to its website. The prosecution says the company has more than 500 restaurants in California. Marin County has three: in Novato, Terra Linda and Marin City.
Under the stipulated judgment, Panda Express agreed to pay $881,925 in civil penalties, $100,000 for “supplemental environmental projects” and $75,000 in reimbursements for legal, investigative and enforcement costs.
The Marin County District Attorney’s Office, one of the primary plaintiffs in the case, was allocated $80,319 in civil penalties and $8,400 in prosecution costs.
The waste management division of the Marin County Department of Public Works was allocated $22,560 in civil penalties and $400 in other costs.
The supplemental project payments include $25,000 for the San Francisco-Marin Food Bank.
Panda Restaurant Group Inc., the parent company of Panda Express, released a brief statement about the case:
“Panda Restaurant Group has resolved a civil settlement regarding the administrative oversight of carbon dioxide canisters used for carbonated beverages. We have implemented updated protocols to ensure full compliance with local regulations and remain focused on the safety and comfort of our guests.”
In addition to Riverside and Marin counties, the other primary plaintiffs included the prosecution offices in San Joaquin and Solano counties and San Francisco.
In all, about three dozen county prosecutor offices or city attorney offices are slated to receive payments under the judgment.
Originally published at Gary Klien