Facts

Plaintiff filed a complaint against defendant for civil penalties and injunctive relief pursuant to Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant manufactured, marketed, sold, or distributed for sale in California the product GNC SuperFoods 25 Berry Flavor that contained the toxic chemicals lead and cadmium without the requisite Proposition 65 health warnings.

DEFENDANT'S CONTENTIONS:
Defendant denied plaintiff's allegations and contended that its product was in compliance with the law.

Result

Pursuant to the settlement reached between the parties, defendant agreed to submit any new lots of its Superfoods product to annual testing for lead and cadmium. Such testing will not be required if defendant provides a compliant warning label on the product. It also agreed to a good faith commitment to pursue further lead and cadmium reduction. Furthermore, defendant will provide clear and reasonable warnings on its product if it exposes users to more than 0.5 micrograms of lead, or to more than 4.1 micrograms of cadmium, in a daily serving. Defendant will also pay $12,000 in civil penalties, with 75 percent paid to the California Office of Health Hazard Assessment and the remaining 25 percent paid to plaintiff. Defendant will also reimburse plaintiff $46,000 for its attorney fees and costs. In lieu of additional civil penalties, defendant will pay an additional settlement payment of $12,000, which will be used by plaintiff for grants to California non-profit organizations.