Center for Environmental Health v. GT's Living Foods LLC; Millennium Products Inc.; Albertson's LLC; O Organics LLC; Lucerne Foods Inc.; Safeway Inc.; Humm Kombucha LLC Inc.; and Does 1 through 100, inclusive
Published: Apr. 30, 2021 | Result Date: Apr. 6, 2021 | Filing Date: Dec. 20, 2019 |Case number: RG-19-047748 Settlement – $45,000
Judge
Court
Alameda County Superior Court
Attorneys
Plaintiff
Mark N. Todzo
(Lexington Law Group)
Defendant
Deepi K. Miller
(Greenberg Traurig LLP)
Facts
Defendants are alleged to have failed to warn individuals in California that they are being exposed to alcohol in Defendants' beverages. Defendants manufacture, distribute, sell Kombucha beverages.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contends Defendants violated Proposition 65 by failing to disclose Kombucha contained alcohol. Defendants' Kombucha contains more than 0.5 percent alcohol by volume.
DEFENDANTS' CONTENTIONS: Defendants denied all contentions.
Result
The parties settled for $45,000, which was composed of $5,800 in a civil penalty, $35,000 in attorneys fees and costs and $4,200 payment in lieu of penalty.
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