Facts

Erika McCartney brought a public interest lawsuit against Champlain Chocolate Company pursuant to Proposition 65 in relation to its Lake Champlain Organic Cocoa Powder and Lake Champlain Dark Organic Chocolates products.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant's products exposed individuals to cadmium and lead. Cadmium is a chemical known to the State of California to cause reproductive toxicity. Plaintiff contended that defendant's failure to provide a label warning that its products contained cadmium and lead violated Proposition 65.

DEFENDANT'S CONTENTIONS: Defendant contended that its products conformed to the law and did not violate Proposition 65's label requirement.

Result

The parties agreed to a settlement. Defendant agreed to provide a warning for the items at issue. It further agreed to pay a $11,500 civil penalty and $33,500 in attorney's fees.