Facts

Plaintiff Environmental Research Center Inc. filed a claim against defendants Woodbolt Distribution LLC and Nutrabolt, under the California Health and Safety Code Section 25249.6 regarding defendant's commercial circulation of Royal Sport LTD whey protein powders, weight loss powders, and performance enhancing dietary supplements.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants sold, manufactured, and distributed Royal Sport LTD branded dietary supplements containing lead and cadmium without providing health hazard warnings required under Proposition 65.

Under Proposition 65, in the state of California lead and cadmium were listed as a chemicals known to cause cancer, birth defects, and other reproductive harm.

DEFENDANT'S CONTENTIONS: Defendants denied the allegations and contended that all of its products were commercially sold in California in compliance with all laws.

Result

The parties entered a settlement agreement in which defendants agreed to pay plaintiff a total amount of $65,000. Defendant also agreed to sell Royal Sport LTD whey protein powders, weight loss powders, and performance enhancing dietary supplements that were in compliance with the reformation standard for lead or provide clear and reasonable warnings. Of the settlement agreement, $13,050 went toward attorney fees and costs.