Facts

Plaintiff Environmental Health Advocates Inc. filed suit against Defendant Ferrara Candy Company alleging a violation of Proposition 65. Plaintiff alleged defendant failed to warn consumers that they were exposed to acrylamide from Defendant's products.

PLAINTIFF'S CONTENTIONS: Plaintiff contended Defendant knowingly and intentionally exposed consumers to acrylamide, contained in Defendant's products including Girl Scout S'mores and Keebler Chips Deluxe Rainbow cookies/chocolate chip cookies. Plaintiff contended Defendant was informed that its food products contained acrylamide but failed to give clear and reasonable warnings to its consumers. Plaintiff contended Defendant exceeded the maximum allowable amount of acrylamide to consumers without a warning label pursuant to Health & Safety Code section 25249.6.

DEFENDANT'S CONTENTIONS: Defendant denied Plaintiff's contentions and argued Proposition 65 warning labels were not required on its products.

Result

The parties agreed to $135,000 and reformulation of the products.