Facts

Tamar Kaloustian is an individual residing in California who seeks to promote awareness of exposures to toxic chemicals and improve human health by reducing or eliminating hazardous substances contained in consumer products. Vigo Importing Company, Inc. is a family owned food production company based out of Tampa, Florida. Vigo claims to "use only the best and freshest ingredients to produce truly unique products at economical prices." However, Kaloustian was concerned about the production of a risotto with porcini mushroom dish from Vigo's product line of traditional Italian cuisine. Kaloustian, acting in the interest of the general public in the State of California, filed a complaint against Vigo.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants introduced a product contaminated with significant quantities of lead into the California marketplace, exposing consumers of the product to lead. Plaintiff further contended that, despite the fact that defendant exposed consumers to lead, defendant provided no adequate warnings about the reproductive hazards associated with lead exposure. Defendants' conduct thus violated the warning provision of Proposition 65, Health & Safety Code Section 25249.6.

DEFENDANTS' CONTENTIONS: Defendants denied the contentions and contended that there is no exposure and no violation under Proposition 65 for an alleged failure to warn.

Result

The case settled for $50,000. Defendant is permanently enjoined from manufacturing and distributing in the California products that expose a person to a daily exposure value of more than 0.5 micrograms of lead per day unless it meets the warning requirements.