Whitney R. Leeman v. Dean Distributors Inc., and Does 1 through 150, inclusive
Published: Dec. 13, 2014 | Result Date: Oct. 3, 2014 | Filing Date: Jan. 1, 1900 |Case number: CGC-13-533956 Settlement – $35,000
Court
San Francisco Superior
Attorneys
Plaintiff
Brian C. Johnson
(Tyson & Mendes LLP)
Clifford A. Chanler
(The Chanler Group)
Defendant
Eric P. Weiss
(Scali Rasmussen, PC)
Facts
Whitney Leeman filed a complaint against Dean Distributors Inc., claiming its products contained components that violated Proposition 65.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendant sold food extracts and similar products containing 4-methylimidazole (4-MEI), a chemical known to cause cancer, without the requisite Proposition 65 health hazard warning.
DEFENDANT'S CONTENTIONS:
Defendant denied plaintiff's allegations, and maintained that it was in compliance with all laws.
Result
The parties agreed to a consent judgment, which provided for injunctive relief and payment of $10,000 in civil penalties. As part of the injunctive relief, Dean agreed to sell only reformulated products and to provide the requisite warnings. Dean also agreed to pay costs to Leeman in the amount of $25,000.
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