Facts

Plaintiff Environmental Research Center Inc. filed a claim against defendant Good Superfoods LLC. under California Health and Safety Code Section 25249.5 regarding defendant's commercial circulation of Superfood branded dietary foods and supplements.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant sold, manufactured, and distributed branded nutrient bars, dietary supplements, and powders containing lead and/or cadmium without providing health hazard warnings required under Proposition 65.

Lead and cadmium are listed as chemicals known in the State of California 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 $50,000, which comprised of $45,582.93 in attorney fees and costs. Defendant also agreed to sell Superfood branded dietary foods and supplements that were in compliance with the reformation standard for lead and cadmium or provide clear and reasonable warnings.