Facts

Berg Parseghian, in the public interest, brought an action against Wilde Brands, Inc. and others.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants failed to adequately warn individuals that they were being exposed to lead, a chemical known to cause birth defects and other reproductive harm. Such exposures occurred through the manufacture, distribution, sale, and consumption of defendants' Wilde Protein Chips - Golden Mustard - BBQ Pork (the "Covered Product"). Consumers were exposed to lead when they consumed the product. Despite the fact that defendants exposed consumers to lead, defendants provided no warning, or inadequate warnings about the reproductive hazards associated with lead exposure. Defendants' conduct thus violated the warning provision of Proposition 65.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions.

Result

The case settled for $45,000. Under the settlement agreement, Wilde Brands shall be permanently enjoined from manufacturing for sale in the State of California, "Distributing into the State of California," or directly selling in the State of California, any Covered Product that expose a person to a "Daily Lead Exposure Level" of more than 0.5 micrograms of lead per day unless it meets the warning requirements under the settlement agreement.