Facts

Detox Organics is a business that develops, manufactures, markets, distributes, and/or sells the nutritional health products. Environmental Research Center brought an action against Detox alleging Detox violated Proposition 65.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants knowingly developed, marketed, distributed, and/or sold products containing lead. Plaintiff contended defendants failed to disclose the presence of lead in its products to consumers who believe they have been ingesting healthy products. Plaintiff contended that defendants failed to warn consumers that lead can cause cancer, birth defects, and other reproductive harm.

DEFENDANTS' CONTENTIONS: Defendants denied all of the contentions.

Result

The case settled for $95,000. Defendants are enjoined from manufacturing, selling, or distributing in California its products that contain more than 0.5 micrograms of lead per day unless it meets warning requirements.