Environmental Research Center Inc. v. Health Matters America Inc., dba Organic Traditions, Advantage Health Matters Inc., dba Organic Traditions
Published: Jan. 3, 2020 | Result Date: Jun. 7, 2019 | Filing Date: Dec. 11, 2018 |Case number: RG18931680 Settlement – $60,250
Judge
Court
Alameda County Superior Court
Attorneys
Plaintiff
Michael R. Lozeau
(Lozeau Drury LLP)
Richard T. Drury
(Lozeau Drury LLP)
Defendant
James R. Maxwell
(Rogers Joseph O'Donnel APLC)
Facts
Plaintiff Environmental Research Center Inc. filed a claim against defendants Health Matters America Inc., under the California Health and Safety Code Section 25249.5 regarding defendant's commercial circulation of dietary vitamins and supplements.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant sold, manufactured, and distributed branded probiotics, supplements, and powders containing lead and/or cadmium without providing health hazard warnings required under Proposition 65.
Under Proposition 65, in the state of California lead and cadmium were listed as 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 a total amount of $60,250. Defendant also agreed to sell dietary supplements that were in compliance with the reformation standard for lead and cadmium or provide clear and reasonable warnings. Of the settlement agreement, $28,449.67 went toward attorney fees and costs.
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