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
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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