Facts

Legion Athletics (Legion) manufactured and distributed various health food products and supplements. Legion had stores in the state of California that sold its products to various consumers in the state. The Environmental Research Center, Inc. initiated a lawsuit against Legion under Proposition 65 and also sought an injunction.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant was subject to Proposition 65's regulations because defendant operated a business in California that sold products containing dangerous chemicals. Plaintiff also contended that several of defendant's Stim-Free and Pulse Pre-Workout drinks and supplements contained a high amount of lead in violation of Proposition 65. Plaintiff also contended that defendant exposed several citizens to lead levels that exposed consumers to levels in excess of .5 micro-grams a day of the Maximum Allowable Dose Level of lead permitted by Proposition 65. Plaintiff also contended that defendant was required to provide warnings to consumers about the level of lead exposure but failed to do so.

DEFENDANT'S CONTENTIONS: Defendant denied the contentions.

Result

The parties ultimately settled the claims for $85,000 and injunctive relief.