Facts

PDX Aromatics LLC (PDX) sells products that are sold and consumed in California. Particularly, PDX manufacturers, sells, offers for sale, and distributes, Kratom (mitragyna speciose) powder, including teas and capsules (the Products). The Center For Environmental Health brought an action against PDX alleging PDX violated California's Proposition 65 when PDX failed to warn that the Products contained lead.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant knowingly and intentionally exposed consumers in California to lead, a chemical known to cause birth defects or other reproductive harm. Plaintiff contended that defendant failed to warn consumers that the Products contained lead. Plaintiff contended that the Products exposed pregnant woman to lead.

DEFENDANT'S CONTENTIONS: Defendant denied all of the contentions.

Result

The case settled for $ 50,000. Defendant is required to reformulate the Products. Defendant is also required to provide clear and reasonable warnings that the Products contain lead. Defendant is required to provide warnings with respect to internet sales.