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Consumer Law
Consumer Protection
Violation of Proposition 65

Citizens of California Safety Corp. v. Purplerock Bioschwartz Opco LLC, individually and doing business as Bioschwartz, and Does 1-100

Published: Jul. 30, 2021 | Result Date: Jun. 24, 2021 | Filing Date: May 3, 2021 |

Case number: 21VECV00605 Settlement –  $12,000

Judge

Huey P. Cotton

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

Shant L. Vayvayan
(Brown Bear Law)


Defendant

Jennifer M. Adams
(Amin Talati Wasserman LLP)


Facts

Purplerock Bioschwartz Opco dba Bioschwartz is a business that develops, manufactures, markets, distributes, and/or sells nutritional health products, particularly, Turmeric Curcumin Sleep Aid with Melatonin. The Citizens of California Safety Corp brought an action against Bioschwartz under Proposition 65.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended defendants violated Proposition 65 when defendants knowingly manufactured, distributed, marketed, and sold in the State of California its products containing lead. Plaintiffs contended defendants violated Proposition 65 when defendants knowingly exposed consumers of its products to lead. Plaintiffs contended defendants failed to provide warnings that the products contained lead and the health risks lead can bring.

DEFENDANTS' CONTENTIONS: Defendants denied all of the contentions.

Result

The case settled for $12,000. Defendant is required to reformulate and add warnings on its products.


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