Facts

Plaintiff Environmental Research Center Inc. filed a claim against defendants EFX Sports Supplements LLC and All American Pharmaceutical & Natural Foods Corp., under the California Health and Safety Code Section 25249.6 regarding defendant's commercial circulation of EFX Sports branded powder dietary supplements.

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

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

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

Result

All American entered into a consent decree in which defendants agreed to pay plaintiff a total amount of $67,500. Defendant also agreed to sell EFX Sports branded powder dietary supplements that are in compliance with the reformation standard for lead or provide clear and reasonable warnings. Of the settlement agreement, $39,134.05 went toward attorney fees and costs.