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Consumer Law
Consumer Protection
Violation of Proposition 65

Safe Products for Californians LLC v. Brands of Britain LLC, SF Markets LLC, and Does 1 through 150

Published: Jul. 17, 2020 | Result Date: Feb. 25, 2020 | Filing Date: May 28, 2019 |

Case number: 19CV348969 Settlement –  $20,000

Judge

Sunil R. Kulkarni

Court

Santa Clara County Superior Court


Attorneys

Plaintiff

Tanya E. Moore
(Moore Law Firm PC)


Defendant

Wendy L. Manley
(Wendel, Rosen, Black & Dean LLP)


Facts

Plaintiff Safe Products for Californians, LLC filed a lawsuit against defendant Brands of Britain, LLC seeking civil penalties and injunctive relief under the California Health and Safety Code related to defendant's powdered dietary supplements.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended powdered dietary supplements that defendant manufactured, imported, sold and/or distributed for sale in California exposed consumers to cadmium without providing the health hazard warning required by Proposition 65.

DEFENDANT'S CONTENTIONS: Defendant denied the allegations and maintained the products that it manufactured, imported, sold and distributed for sale in California were in compliance with all applicable laws.

Result

The parties settled and defendant agreed to refrain from manufacturing for sale or selling the products in California. Defendant also agreed to pay $20,000 inclusive of plaintiff's attorneys' fees.


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