Facts

Plaintiff Environmental Research Center Inc. filed a claim against defendants Rule One Proteins LLC and Nutrivo LLC, under the California Health and Safety Code Section 25249.5 regarding defendant's commercial circulation of branded dietary foods and supplements.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant sold, manufactured, and distributed branded foods, supplements, and creams 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 defendant Rule One agreed to pay plaintiff a total amount of $80,000. Defendants also agreed to sell defendant 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, $50,763.34 went toward attorney fees and costs.