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Consumer Law
Consumer Protection
Violation of Proposition 65

Erika McCartney v. Nuts.com Inc., and Does 1 through 500, inclusive

Published: Jun. 19, 2020 | Result Date: May 30, 2019 | Filing Date: Dec. 21, 2016 |

Case number: RG16843355 Settlement –  $37,000

Judge

Stephen D. Kaus

Court

Alameda 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

Danielle E. Vallone
(Steptoe & Johnson LLP)

Carol R. Brophy
(Steptoe LLP)


Facts

Erika McCartney file suit against defendant Nuts.com, Inc. over defendant's cocoa powder products.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that Defendant intentionally manufactured and sold cocoa products that contained toxic ingredients in violation of Proposition 65. Plaintiff also contended that defendant knew its product exposed consumers to cadmium and failed to facilitate safety and misuse instructions on the products.

DEFENDANT'S CONTENTIONS: Defendant denied the contentions.

Result

Defendant agreed to pay $37,000 to the Environmental Law Foundation to resolve the claim.


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