Facts

Lead is listed as a chemical known to the State of California to cause developmental toxicity in the fetus and male and female reproductive toxicity, and is also listed as a chemical known to cause cancer. Likewise, Cadmium is listed as a chemical known to cause developmental toxicity and male reproductive toxicity, and is also listed as a chemical known to the State of California to cause cancer. Environmental Research Center, Inc. (ERC) is a California non-profit corporation dedicated to, among other causes, helping to safeguard the public form health hazards by reducing the use and misuse of hazardous and toxic chemicals, facilitating a safe environment for consumers and employees, and encouraging corporate responsibility. Wild Foods Brand LLC and PurpleRock Wild Foods Opco LLC (collectively Wild Foods) is a business that develops, manufactures, markets, distributes, and/or sells nutritional health products in the State of California. ERC brought this action as a private attorney general enforcer, and in the public interest, against Wild Foods.

PLAINTIFF'S CONTENTIONS: Plaintiff asserted that defendants develop, manufacture, market, distribute, and/or sells nutritional health products that have exposed users to lead and/or cadmium in the State of California, in violation of Proposition 65. Plaintiff alleged that the following products were in violation of Proposition 65: A Wild Foods Product Wild Super Greens Prebiotic, Probiotic and Digestive Enzymes (lead); A Wild Foods Product Reds Beet Root Plus Kale and Spinach (lead); A Wild Foods Product Wild Collagen Peptides (lead); A Wild Foods Product Wild Vanilla Powder (lead); A Wild Foods Product Wild Whey Grass-Fed Whey Protein Natural (lead); A Wild Foods Product Wild Turmeric Powder (lead); A Wild Foods Product Wild Cocoa Butter (lead); and A Wild Foods Product Cocotropic Wild Superfood Elixir Mood Plus Concentration (lead, cadmium). Plaintiff alleged that consumption of these products caused consumers to be exposed to lead at levels exceeding the 0.5 micrograms per day and/or cadmium at levels exceeding 4.1 micrograms per day and therefore required a warning. Plaintiffs thus claimed that defendants knowingly and intentionally exposed numerous consumers to lead and/or cadmium without providing any type of Proposition 65 warning.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions.

Result

The case settled for $45,000. Defendants shall be permanently enjoined from manufacturing for sale in the State of California, distributing into the State of California, or directly selling in the State of California, any aforementioned product that exposes a person to a daily lead exposure level of more than 0.5 micrograms of lead per day and/or daily cadmium exposure level of more than 4.1 micrograms of cadmium per day unless it meets the warning requirements under the settlement agreement.