Consumer Law
Consumer Protection Act
Violation of Proposition 65
Jesse Garrett v. The Kroger Co., and Does 1 through 100, inclusive
Published: Apr. 30, 2016 | Result Date: Mar. 28, 2016 | Filing Date: Jan. 1, 1900 |Case number: BC555670 Settlement – $1,000
Court
L.A. Superior Central
Attorneys
Plaintiff
Vineet Dubey
(Custodio & Dubey LLP)
Miguel A. Custodio
(Custodio & Dubey LLP)
Defendant
Gregory P. O'Hara
(Nixon Peabody LLP)
Facts
Jesse Garrett sued The Kroger Co. pursuant to Prop. 65.
Contentions
PLAINTIFF'S CONTENTIONS:
Defendant allegedly made available to California consumers wheat bread containing urethane, a chemical known to cause cancer, without the requisite Prop. 65 warnings.
DEFENDANT'S CONTENTIONS:
Defendant maintained compliance with all laws.
Result
The parties reached a settlement, under which, Kroger agreed to remove urethane from its bread products and pay $1,000 in civil penalties plus $9,000 in attorney fees.
Other Information
FILING DATE: Aug. 22, 2014.
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