Facts

Victoria Jamison is a San Diego resident. After she hired a testing laboratory to measure the amount of acrylamide in Hoosier Hill Farm's products, the test showed they were in violation of the 0.2 microgram per day for the "safe harbor" daily does limits set forth in Proposition 65's regulatory measures. Based on that result, she sent Hoosier and other the appropriate regulatory agencies notice of the violation.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant Hoosier Hill exposed individuals to acrylamide by selling Hoosier Hill Farm Molasses Powder without first providing users and consumers of the product with the clear and reasonable warning required under Prop 65.

DEFENDANT'S CONTENTIONS: Defendant Hoosier Hill denied all material allegations contained in the notice and complaint. It maintained that its product was compliant with all applicable federal and state laws, including Prop 65. To the extent that acrylamide is present in the product, the product is exempt from the Prop 65 warning because average users and consumers of the molasses powder would not be exposed above the regulatory safe harbor threshold based on the expected and average use of the product. Moreover, to the extent acrylamide is present in the product, it is naturally occurring and therefore does not constitute as "exposure." Finally, there is insufficient evidence that naturally occurring acrylamide in food poses a risk to human health, therefore not requiring the warning.

Result

Defendant Hoosier Hill will pay $3,000 as civil penalty and reimburse plaintiff's counsel $38,000 for fees and costs incurred for investigating and bringing the matter to defendant's attention. If defendant resumes sales of the product, it must also provide a clear and reasonable exposure warning as required by Prop 65.