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Consumer Law
Consumer Protection
Violation of Proposition 65

Citizens of California Safety Corp. v. Purplerock Wild Foods Opco LLC, individually and dba Wild Foods, and Does 1-100

Published: May 14, 2021 | Result Date: Apr. 15, 2021 | Filing Date: Jan. 20, 2021 |

Case number: 21VECV00077 Settlement –  $8,000

Judge

Bernie C. LaForteza

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

Shant L. Vayvayan
(Brown Bear Law)


Defendant

Jennifer M. Adams
(Amin Talati Wasserman LLP)


Facts

Purplerock Wild Foods Opco d/b/a Wild Foods develops, manufactures, markets, distributes, and sells spices, including its Wild Foods Raw Turmeric Powder. Citizens of California Safety Corporation brought action against Wildfoods alleging Wild Foods Raw Turmeric Powder contained lead.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended Wild Foods violated Proposition 65 when it exposed consumers to lead, contained in its Wild Foods Raw Turmeric Powder. Plaintiff also contended Wild Foods failed to provide clear and reasonable warning regarding the exposure of lead.

DEFENDANTS' CONTENTIONS: The defendants denied the contentions.

Result

The case settled for $8,000 ($1,000 in non-contingent civil penalty; $7,000 in attorney's fees and costs). Wild Foods is required to provide clear and reasonable warnings that its product contains lead. Wild Foods must also reformulate its product for which the "daily lead exposure level" is no greater than 0.5 micrograms of lead per day.


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