Facts

Plaintiff Center for Advanced Public Awareness, Inc. filed a lawsuit against defendant Mid City Cannabis Club, Inc. doing business as La Brea Collective for violating the Safe Drinking Water and Toxic Enforcement Act of 1986, Health and Safety Code Section 25249.5 also known as Proposition 65.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant violated Proposition 65 by failing to warn consumers that they were being exposed to marijuana smoke, a substance that was known to cause cancer. Plaintiffs contended that the marijuana flowers, buds, leaves, stems and other marijuana plants that defendant sold and distributed to consumers did not have adequate and reasonable warnings that inhalation of marijuana smoke may cause cancer.

DEFENDANT'S CONTENTIONS: Defendant denied plaintiff's contentions.

Result

The court ordered defendant to pay civil penalties in the total amount of $4,000. Specifically, $3,000 will be paid to the State of California's Office of Environment Health Hazard Assessment and plaintiff will retain the remaining $1,000. In addition to the civil penalties, defendant will post in-store warnings signs and will affix product label warnings to its products in compliance with Proposition 65. Defendant also agreed to pay $31,000 for attorneys fees.