SAN FRANCISCO - Those little silver balls that decorate holiday cookies and gingerbread homes are in short supply in California this year following a crusade by a Napa lawyer who has sued stores and retailers seeking a ban of the glittery decorations.
Mark Pollock, an environmental lawyer, says he doesn't even know if anyone has been hurt or sickened by eating the BB-like sprinkles, which - who knew? - are called dragees. But he thinks the popular garnishes have the potential to put consumers at risk because silver is a toxic metal that can build up in the body over time and cause problems.
"Silver is a subtle poison," Pollock said, comparing it to mercury in fish. "Eating dragees unnecessarily increases your body burden of this chemical. If children start off with heavy doses in Christmas cookies, they start out behind in the race."
Specialty stores such as Seattle-based Sur La Table are selling their last remaining supplies of dragees because of Pollock's lawsuit. Fearful of getting dragged into the litigation, wholesalers and Internet suppliers have refused to sell any cookie decorations filled with silver, gold or copper to anyone in California.
"He's the Grinch that stole Christmas this year," said Gretchen Goehrend, owner of India Tree, a cake decorating wholesaler in Seattle who claims she has lost $20,000 by refusing to sell the silver balls in California after she was sued by Pollock.
Federal and state authorities list silver as toxic at certain levels - for instance, for silver miners who breathe strong concentrations daily. The U.S. Food and Drug Administration has declared dragees as non-edible and requires jars to carry labels saying they are "for decoration only."
But Pollock said a warning on a jar is not enough because the wording doesn't wind up on the cookies at the bake sale.
Pollock started suing to force dragees off the California market when he was a Solano County prosecutor in the early 1990s, and got the spice giant McCormick to stop selling them in the state. He renewed his campaign again last spring, when they surged back into vogue after lifestyle maven Martha Stewart used them on holiday cookies.
Pollock sued Stewart, gourmet food purveyor Dean and DeLuca, India Tree and about two dozen other distributors and retailers. As of Monday, Pollock said all but one had settled, agreeing to stop selling silver cake decorations in California. Settlement amounts are confidential.
Distributors and retailers said they've settled with Pollock because a trial would cost them far more. But some said they think a trial would have proven that there's nothing wrong with a few dragees now and then.
At Spun Sugar, a candy-and cake-making specialty store in Berkeley, owner Linda Moreno is selling off the few dragees she has left, and says she can't get any more because wholesalers and even Internet suppliers won't sell in California.
"It's the same stuff everyone's had for an eternity," she said. "I was always more worried about someone breaking a tooth."
Nobody's ever been injured by them, but he's suing because of the "potential risk"??? Sounds like the lawyer found himself a cash cow. 
Mark Pollock, an environmental lawyer, says he doesn't even know if anyone has been hurt or sickened by eating the BB-like sprinkles, which - who knew? - are called dragees. But he thinks the popular garnishes have the potential to put consumers at risk because silver is a toxic metal that can build up in the body over time and cause problems.
"Silver is a subtle poison," Pollock said, comparing it to mercury in fish. "Eating dragees unnecessarily increases your body burden of this chemical. If children start off with heavy doses in Christmas cookies, they start out behind in the race."
Specialty stores such as Seattle-based Sur La Table are selling their last remaining supplies of dragees because of Pollock's lawsuit. Fearful of getting dragged into the litigation, wholesalers and Internet suppliers have refused to sell any cookie decorations filled with silver, gold or copper to anyone in California.
"He's the Grinch that stole Christmas this year," said Gretchen Goehrend, owner of India Tree, a cake decorating wholesaler in Seattle who claims she has lost $20,000 by refusing to sell the silver balls in California after she was sued by Pollock.
Federal and state authorities list silver as toxic at certain levels - for instance, for silver miners who breathe strong concentrations daily. The U.S. Food and Drug Administration has declared dragees as non-edible and requires jars to carry labels saying they are "for decoration only."
But Pollock said a warning on a jar is not enough because the wording doesn't wind up on the cookies at the bake sale.
Pollock started suing to force dragees off the California market when he was a Solano County prosecutor in the early 1990s, and got the spice giant McCormick to stop selling them in the state. He renewed his campaign again last spring, when they surged back into vogue after lifestyle maven Martha Stewart used them on holiday cookies.
Pollock sued Stewart, gourmet food purveyor Dean and DeLuca, India Tree and about two dozen other distributors and retailers. As of Monday, Pollock said all but one had settled, agreeing to stop selling silver cake decorations in California. Settlement amounts are confidential.
Distributors and retailers said they've settled with Pollock because a trial would cost them far more. But some said they think a trial would have proven that there's nothing wrong with a few dragees now and then.
At Spun Sugar, a candy-and cake-making specialty store in Berkeley, owner Linda Moreno is selling off the few dragees she has left, and says she can't get any more because wholesalers and even Internet suppliers won't sell in California.
"It's the same stuff everyone's had for an eternity," she said. "I was always more worried about someone breaking a tooth."
Nobody's ever been injured by them, but he's suing because of the "potential risk"??? Sounds like the lawyer found himself a cash cow.