Erika McCartney v. The Whitewave Foods Company, and Does 1 through 500, inclusive
Published: Mar. 13, 2020 | Result Date: Oct. 16, 2019 | Filing Date: Jan. 26, 2017 |Case number: CGC-17-556701 Settlement – $35,000
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)
April M. Strauss
(Law Office of April Strauss)
Defendant
Angela C. Agrusa
(DLA Piper LLP )
Facts
Erika MCCartney filed a lawsuit against The Whitewave Foods Company 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 are being exposed to the chemicals in violation of Proposition 65.
DEFENDANT'S CONTENTIONS: Defendant denied the contentions.
Result
The parties agreed to settle for the amount of $35,000 and under the settlement the defendant is permanently enjoined from distributing into California its products containing cadmium at certain concentration levels unless the product is accompanied by adequate warnings.
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