Facts

Newport News Nutrition and Arlington Nutrition Corner are in the business of selling, distributing, manufacturing, and developing nutritional health products. Their products include, but are not limited to protein blends, pre- and post-workout supplement blends, and energy drinks in various flavors, such as Let's Make 'Merica Grape Again. On April 6, 2021, the Environmental Research Center (ERC), a nonprofit dedicated to safeguarding the public from health hazards, brought an action against Newport News, Arlington Nutrition and all their legal entities and dba's, including 'Merica Labz, alleging that they violated Proposition 65 because their products contained lead and/or mercury in levels exceeding the maximum allowable dose and were required to provide the requisite notification by law.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant knowingly and continuously exposed users of the products to lead by not providing the required statutory warning.

DEFENDANT'S CONTENTIONS: Defendant denied all material contentions.

Result

The case settled for $120,000. Moreover, defendant was permanently enjoined from manufacturing for sale, distributing, or directly selling the contested products unless Prop 65 warning requirements were met. Consequently, defendant was required to reformulate the products or, alternatively, provide Prop 65 clear and reasonable warnings.