Facts

Mateel Environmental Justice Foundation filed a complaint against Anderson's Maple Syrup Inc. and several other maple syrup producers concerning the lead content in maple syrup.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that defendant's maple syrup contained unsafe levels of lead, and that defendant failed to warn California consumers of the lead content pursuant to Proposition 65, California's toxics warning law. Plaintiff alleged that Prop. 65 required companies, such as defendants, to warn the public if its products contained chemicals known in the state to cause cancer or reproductive harm or other birth defects. Plaintiff claimed that lead had harmful effects, especially to children.

Result

The parties agreed to settle the dispute, wherein defendants agreed to take remedial steps to remove lead from its syrup. Defendants agreed to a total of $5,000 in civil penalties, plus $200,000 in attorney fees and costs. Defendants also agreed to pay $30,000 in lieu of plaintiff seeking full compensation of attorney fees and costs incurred, including a possible multiplier, with $20,000 going to the Ecological Rights Foundation and $10,000 going to Californians for Alternatives to Toxics.