Environmental Research Center Inc. v. Bob's Red Mill Natural Foods Inc., Bob's Red Mill Export Inc., and Does 1-100
Published: Mar. 5, 2021 | Result Date: Feb. 8, 2021 | Filing Date: May 22, 2020 |Case number: RG20062002 Settlement – $40,000
Court
Alameda County Superior Court
Attorneys
Plaintiff
Charles W. Poss
(Environmental Research Center Inc.)
Defendant
Jasmine W. Wetherell
(Perkins Coie LLP)
Facts
Plaintiff Environmental Research Center Inc., a California non-profit corporation, filed suit against Defendant Bob's Red Mill after Defendant allegedly violated Proposition 65. Plaintiff alleged defendant failed to warn consumers that they were exposed to lead from Defendant's products.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended Defendant's products, including its protein powder nutritional boosters. exposed consumers to lead, which is a harmful chemical.
DEFENDANT'S CONTENTIONS: Defendant denied Plaintiff's contentions and any wrongdoing.
Result
The case settled for $40,000 and Bob's Red Mill was permanently enjoined from manufacturing, distributing, or directly selling for sale in California, any Covered Products which exposed persons to a "Daily Lead Exposure Level" of more than 0.5 micrograms of lead per day unless it met the warning requirements.
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