Erika McCartney v. United Natural Foods Inc., Blue Marble Brands LLC, United Natural Trading LLC dba Woodstock Farms Manufacturing, Thrive Market Inc., and Does 1 through 500, inclusive
Published: Feb. 28, 2020 | Result Date: Oct. 24, 2019 | Filing Date: Apr. 8, 2019 |Case number: CGC-19-575112 Settlement – $116,000
Judge
Court
San Francisco County Superior Court
Attorneys
Plaintiff
James R. Wheaton
(First Amendment Project)
Lowell K. Chow
(Environmental Law Foundation)
Nathaniel H. Kane
(Environmental Law Foundation)
Defendant
Patrick L. DelDuca
(Zuber, Lawler & Del Duca LLP)
Facts
Erika McCartney filed a lawsuit against United Natural Foods, Inc., Blue Marble Brands, LLC, and United Natural Trading, LLC, d/b/a Woodstock Farms Manufacturing and Thrive Market Inc. in relation to alleged violations of Proposition 65.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended defendants' product contained lead, a substance known to the State of California to cause Cancer, birth defects and other reproductive harm, without providing clear and reasonable warnings in violation of Proposition 65.
DEFENDANTS' CONTENTIONS: Defendants denied the contentions.
Result
The parties agreed to settle for $116,000. Under the settlement, defendant was permanently enjoined from manufacturing, selling, or distributing in California its products containing lead at certain concentration levels unless the product is accompanied by a Proposition 65 warning.
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