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Consumer Law
Consumer Protection
Violation of Proposition 65

Kim Embry v. The Kroger Company; Bay Valley Foods LLC; Mondelez Global LLC; Jet.com, and Does 1 through 100, inclusive

Published: Jul. 10, 2020 | Result Date: Jan. 14, 2020 | Filing Date: Oct. 11, 2019 |

Case number: HG19024517 Settlement –  $75,000

Court

Alameda County Superior Court


Attorneys

Plaintiff

Noam Glick
(Entorno Law LLP)

Craig M. Nicholas
(Entorno Law LLP)

Shaun A. Markley
(Nicholas & Tomasevic LLP)

Jake W. Schulte
(Entorno Law LLP)


Defendant

Sarah Esmaili
(Arnold & Porter Kaye Scholer LLP)


Facts

Plaintiff Kim Embry, filed suit against The Kroger Company, Bay Valley Foods LLC, Mondelez Global LLC, and Jet.com Inc., in relation to the sale of Kroger foods.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended Kroger's products contained acrylamide, which is a known carcinogen, including its Honey Graham Crackers, Honey Maid Honey Graham Crackers, and Belvita Cinnamon Brown Sugar Breakfast Biscuits. Plaintiff contended that defendants sold these products, knowing they contained acrylamide, but did not provide clear and reasonable warning to consumers.

DEFENDANTS' CONTENTIONS: Defendants denied the contentions.

Result

Mondelez Global agreed to pay $75,000 and agreed to sell products that are reformulated without the chemical at issue or to provide clear and reasonable warnings.


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