SAN DIEGO -- The 10News investigations team fanned out across San Diego, checking over 30 stores in a search of toxic toothpaste.

The I-Team tracks down the toothpastes being sold in area stores. All of them are made in China.

10News tracked the product to a factory in eastern China that manufactured the toxic toothpaste.

"They should have known," said Los Angeles Deputy City Attorney Jerry Baik.

Baik launched an investigation last spring, the same time as the 10News I-Team.

The I-Team and Baik both tracked the product to a distributor in Vernon, Calif.

"They had an absolute duty to know exactly what was in those items," said Baik.

10News has learned Baik is filing criminal charges against the distributor.

The president and vice president of Selective Imports Corp. are charged with selling and distributing the toothpaste in violation of the California Health and Safety Code.

"One of the ingredients listed is the prohibitive items," said Baik.

The banned chemical is diethyglene glycol, DEG for short.

It is found in toothpaste sold under such names as Cooldent, Bright Max and Dentakleen.

"The chemical is a poisonous product and it's prohibited from being imported and manufactured into the toothpaste," said Baik.

Fred Nazarian, president of Selective Imports, is charged with distributing and selling 80,000 tubes of toxic toothpaste, including the products the I-Team found.

Back in November, Nazarian told our the I-Team he had no idea how the toothpastes ended up on the shelves of San Diego-area retailers.

But 10News has since learned Selective Imports had been importing and selling the bad toothpaste going back to late December 2005.

Nazarian pointed the finger to his company's vice president for failing to notify area retailers when the toothpaste was eventually recalled.

"We have stopped importing. We have contacted our supplier," said Nazarian.

However, Baik said that is no defense.

"That is their responsibility. They contracted with the Chinese manufacturer. They brought into this country," said Baik.

If found guilty, Nazarian and his vice president could face two years in jail and a $2,000 fine.

A court date is set for May 20.