Facts

In May 2018, Safe Products for Californians, LLC (SPFC) served Lyfe Ventures, LLC and certain requisite public enforcement agencies with a notice of violation, alleging that Lyfe Ventures violated Proposition 65 by failing to warn it customers that its powdered dietary supplement "All in One - Daily Essentials Shake" exposed users to lead and lead compounds. No public enforcement agency prosecuted Lyfe Ventures for these allegations. In July 2018, SPFC brought an action in the public interest of California's citizens to enforce the public's right to be informed of the health hazards caused by exposure to lead and lead compounds. Under Proposition 65, lead and lead compounds are subject to a clear and reasonable warning requirement.

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that detectable levels of lead and lead compounds are found in and on the powdered dietary supplement "All in One - Daily Essentials Shake" that Lyfe Ventures manufactures, imports, sells, and distributes in California without providing the required health hazard warning under Proposition 65. Additionally, plaintiff contended that defendant knew and could reasonably foresee that use of the products would expose individuals to lead and lead compounds through ingestion and inhalation.

DEFENDANTS' CONTENTIONS: Defendants denied all material, factual, and legal allegations in the notice and action and maintained that all of its products are in compliance with California law.

Result

The parties settled for $19,433, with $500 in civil penalties and $18,933.18 in attorneys' fees and expenses.