Erika McCartney v. Savory Spice Shop Inc., and Does 1 through 500, inclusive
Published: Feb. 28, 2020 | Result Date: Mar. 14, 2019 | Filing Date: Nov. 15, 2017 |Case number: CGC-17-562527 Settlement – $42,500
Judge
Court
San Francisco County Superior Court
Attorneys
Plaintiff
Melvin B. Pearlston
(Pacific Justice Center)
Elizabeth D. Sonnichsen
(Pacific Justice Center)
Robert B. Hancock
(Pacific Justice Center)
Defendant
Robert M. Gilhuly
(Barg, Coffin, Lewis & Trapp, LLP)
Julia Graeser Mata
(Barg, Coffin, Lewis & Trapp, LLP)
Facts
Erika McCartney filed a lawsuit against Savory Spice Shop Inc. in relation to alleged violations of Proposition 65.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended defendant's product contained cadmium, a chemical known to the State of California to cause birth defects and other reproductive harm, without adequately warning individuals that they were being exposed to the chemicals in violation of Proposition 65.
DEFENDANT'S CONTENTIONS: Defendant denied the contentions.
Result
The parties agreed to settle for $42,500. Moreover, under the agreement, defendant was enjoined from distributing into California products containing cadmium at certain concentration levels unless the product is accompanied with a clear and adequate Proposition 65 warning.
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