Facts

Plaintiff Environmental Research Center Inc. filed a claim against defendant Superior Labs Inc., under the California Health and Safety Code Section 25249.5 regarding defendant's commercial circulation of Superior Labs branded dietary foods and supplements.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant sold, manufactured, and distributed defendant branded dietary foods and 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: 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 defendant agreed to pay plaintiff a total amount of $68,000. Defendant also agreed to sell Superior Labs branded dietary foods and supplements that were in compliance with the reformation standard for lead and cadmium or provide clear and reasonable warnings. Of the settlement agreement, $34,589.86 went toward attorney fees and costs.