Facts

Defendant, Base Culture Inc., manufactures, imports, sells and distributes almond butter products. Environmental Health Advocates Inc. filed a lawsuit against defendant in relation to these products.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant's almond butter products contained acrylamide at levels that trigger a Proposition 65 warning because acrylamide is a known carcinogen. Plaintiff contended that Defendant knew of the acrylamide exposure and therefore violated Proposition 65 by failing to sufficiently warn consumers of health hazards associated with exposures to acrylamide contained in Defendant's Base Culture Maple Almond Butter.

DEFENDANT'S CONTENTIONS: Defendant denied all allegations.

Result

The case resolved by monetary settlement, which included injunctive relief. Any of Base Culture's products that contain almond butter cannot exceed 225 parts per billion for acrylamide. Also, any product that contains acrylamide that exceeds this level must provide a Proposition 65 warning. As for the monetary portion, Base Culture was required to pay $50,000 in settlement that included $5,000 in civil penalties and $45,000 in attorneys' fees and costs.