Facts

Erika McCartney is a California resident who initiated a complaint against Amazon.com Inc. and Gerbs Pumpkin Seed Co. under California Health and Safety Code section 25249.5 (Proposition 65). The parties settled the suit before trial.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendants violated Proposition 65 by selling their Gerbs products in California to California citizens. The Gerbs Dried Goji Berries contained lead. Gerbs Cacao Powder and Cacao Nibs contained cadmium. Cadmium and lead are both known to the State of California to cause cancer and reproductive harm.

Plaintiffs contended that defendants' products contained more than the permitted quantity of cadmium and lead. Moreover, there were no warnings on the labels informing consumers of the risks associated with consuming or exposing themselves to the products. Therefore, plaintiffs contended that defendants were liable for violating Proposition 65.

DEFENDANT'S CONTENTIONS: Gerbs agreed to settle the claims in lieu of further litigation. Gerbs also agreed to the terms of the consent decree. Plaintiff has requested dismissal of Amazon.com, Inc.

Result

The case settled for $10,000 in statutory penalties $20,000 in attorneys fees and Defendant is required to place clear and reasonable warnings required on covered products sold or distributed into California.