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Consumer Law
Consumer Protection
Violation of Proposition 65

Kim Embry v. Bimbo Bakeries USA Inc., and Does 1 through 100, inclusive

Published: Jul. 24, 2020 | Result Date: Jan. 10, 2020 |

Case number: HG-17-885297 Settlement –  $125,000

Court

Alameda County Superior Court


Attorneys

Plaintiff

Kelsey D. McCarthy
(Glick Law Group)

Noam Glick
(Entorno Law LLP)

Craig M. Nicholas
(Entorno Law LLP)

Shaun A. Markley
(Nicholas & Tomasevic LLP)


Defendant

Kevin C. Mayer


Facts

Kim Embry sued Flowers Foods, Inc. and Flowers Bakeries alleging violations of Proposition 65.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants baked goods contained acrylamide, which is a toxic cancer-causing chemical under Proposition 65. Plaintiff also contended that defendants failed to provide consumers with adequate warnings of their exposure to acrylamide when consuming defendants' toasted bread products.

DEFENDANTS' CONTENTIONS: Defendants denied the contentions.

Result

The case settled for $125,000 and defendants agreed to reformulate the products.


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