Facts

Pure Nature Foods LLC, located in Woodland, California manufactures rice and healthy snacks such as rice chips. It focuses on plant base proteins, such as peas and legumes, as a source of developing healthy snack alternatives. They also incorporate other raw materials, such as vegetable and fruit powders mixed into the snacks, to produce healthier snack substitutes. Tamar Kaloustian maintained that on or about May 2021, she issued to Pure Nature and to Gelson's Market and other public enforcement agencies a notice of Pure Nature's violations. She then filed, on behalf of the public's interest, a suit against Pure Nature Foods alleging failure to warn of exposures to lead.

PLAINTIFF'S CONTENTIONS: Plaintiff Kaloustian contended that defendant Pure Nature has offered for sale and actually sold items, such as churros, that causes lead exposure above the regulatory safe harbor levels without providing sufficient warning as required by Proposition 65. Lead is listed under Prop 65 as a chemical known in the state of California as causing cancer and certain birth defects or other reproductive harms.

DEFENDANT'S CONTENTIONS: Defendant Pure Nature Foods denied all allegations and contended that there is not exposure and no violation of Proposition 65 regarding lead.

Result

Pure Nature, without admitting any fault, settled for $42,500. It is also permanently enjoined from manufacturing for sale in California, any product that exposes consumers to a daily lead exposure of more than 0.5 micrograms of lead per day unless it meets the warning requirements.