Facts

Environmental Research Center Inc. is a California non-profit corporation seeking to help safeguard the public from health hazards by, among others, helping the reduction and misuse of hazardous and toxic chemicals, paving the way for a safe environment for consumers and employees, and impelling corporate responsibility. On July 22, 2021, Environmental Research Center sent a Notice of Violation to Advanced Nutrition Inc, which does business as Advanced Nutrition by Zahler. Advanced Nutrition develops, manufactures, markets, distributes, and/or sells nutritional health products. According to the notice, certain Advanced Nutrition products violated Proposition 65. The notice listed the following products: Advanced Nutrition by Zahler Lactivate Advanced Lactation Support; Advanced Nutrition by Zahler Multi Vitamin Energy; Advanced Nutition by Zahler Multi Vitamin Digestion; Advanced Nutrition by Zahler StressMaster; Advanced Nutrition by Zahler Potent Urinary Tract Formula. On December 9, 2021, Environmental Research Center filed a lawsuit against Advanced Nutrition in Almeda County.

PLAINTIFF'S CONTENTIONS: Plaintiff, Environmental Research Center, contended that the listed products caused consumers of the product to be exposed to lead at levels exceeding the 0.5 micrograms per day maximum allowable dose level and therefore required a warning. As of February 1987, lead was listed as a chemical known to the state to cause reproductive toxicity and in 1992 was listed as a chemical known to cause cancer. The minimum allowable daily level for reproductive toxicity is 0.5 micrograms per day; and as a carcinogen, 15 micrograms per day. Plaintiffs alleged that defendant knowingly and intentionally exposed numerous individuals without providing the appropriate required Proposition 65 warning.

DEFENDANT'S CONTENTIONS: Defendant, Advanced Nutrition, denied all material factual and legal allegations that were contained in both the notices and complaint and further maintained that all its products have been and currently are, in compliance with all laws.

Result

The case settled for $20,000. Defendant was also permanently enjoined from manufacturing, directly selling or distributing any of the contested products that exposes persons to a "Daily Lead Exposure Level" of more than 0.5 micrograms of lead per day unless it meets the requisite Proposition 65 warning requirements.