Facts

Plaintiff filed suit against Point Loma Patient Consumer Co-Operative under Proposition 65 in relation to defendant's sales of marijuana products.

PLAINTIFF'S CONTENTIONS: Plaintiff alleged defendant failed to provide clear and reasonable exposure warnings on marijuana products, the consumption of which allegedly produces marijuana smoke. Plaintiff claimed that marijuana smoke is listed pursuant to Proposition 65 as a chemical that is known to cause cancer.

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

Result

Pursuant to the settlement reached between the parties, defendant will provide in-store, website, and product label warnings. Defendant will also pay $27,359.24 in civil penalties, with 75 percent paid to the California Office of Health Hazard Assessment and the remaining 25 percent paid to plaintiff. Additionally, defendant will reimburse plaintiff $31,226.76 for his attorney fees and costs. Defendant will also pay an additional settlement payment of $16,414 to plaintiff.