Facts

Lead and cadmium, chemicals known to the State of California to cause cancer and birth defects and other reproductive harm, are subject to the clear and reasonable warning requirement regarding reproductive toxicants under Proposition 65.

Berg Parseghian, in the public interest, brought an action against LongRun, LLC, a producer of low carb or keto foods.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant manufactured, distributed, and sold Keto and Co. - Flatbread and Pizza - Keto Bread Mix, exposing consumers to lead and cadmium when they orally ingested the product. Despite the fact that defendant exposed consumers to lead and cadmium, defendant provided no warning, or inadequate warnings about the reproductive hazards associated with lead and cadmium exposure. Defendant's conduct thus violated the warning provision of Proposition 65.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Result

$50,000 settlement and injunctive relief.