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Consumer Law
Consumer Protection
Violation of Proposition 65

Environmental Research Center Inc. v. Quality Supplements and Vitamins Inc., Life Extension Foundation Buyers Club Inc., and Does 1-100

Published: Jan. 31, 2020 | Result Date: May 21, 2019 | Filing Date: Nov. 2, 2018 |

Case number: RG18927277 Settlement –  $90,000

Judge

Brad S. Seligman

Court

Alameda County Superior Court


Attorneys

Plaintiff

Michael B. Freund
(Michael Freund & Associates)


Defendant

Ari N. Rothman
(Venable LLP)


Facts

Plaintiff Environmental Research Center Inc. filed a claim against defendants Quality Supplements and Vitamins Inc., Life Extension Foundation Inc., and Life Extension Buyers Club Inc. under California Health and Safety Code Section 25249.5 regarding defendant's commercial circulation of LifeExtension branded dietary foods and supplements.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant sold, manufactured, and distributed LifeExtension 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.

DEFENDANTS' 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 $90,000, which comprised of $51,825 in attorney fees and costs. Defendants also agreed to sell LifeExtension branded dietary foods and supplements that were in compliance with the reformation standard for lead and cadmium or provide clear and reasonable warnings.


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