Facts

Center for Environmental Health brought actions against a series of defendants including Domino Foods, Inc., alleging that molasses sold by such companies contained lead and lead compounds and that such products exposed consumers of finished molasses products to lead, a known carcinogen and reproductive toxicant, without any health hazard warnings. Domino sold bulk molasses containing lead to companies such as B&G Foods North America, Inc. that then sold finished molasses products to consumers. Plaintiff previously settled with other defendants in the case including Imperial Sugar Company; and JFC International, Inc.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants failed to warn individuals in California that they were being exposed to lead and lead compounds, chemicals known to the State of California to cause cancer and birth defects and other reproductive harm. Such exposures had occurred, and continued to occur, when people consumed molasses that was sold by defendants, their customers, or other downstream entities as a finished product. Consumers, including pregnant women and children, were exposed to lead when they consumed defendants' molasses. Defendants provided no warnings whatsoever about the carcinogenic or reproductive hazards associated with lead exposure resulting from consumption of molasses sold by defendants or their downstream customers as a finished product. Defendants' conduct thus violated the warning provision of Proposition 65.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions.

Result

Plaintiff and defendant Domino Foods, Inc., settled the case for $250,000. Pursuant to the settlement agreement, Domino Foods is prohibited from selling or offering for sale any covered products that contains lead in a concentration exceeding the specified lead level, unless it provides a clear and reasonable warning.