Facts

Erika McCartney brought an action in the public interest against The Hershey Company, manufacturer and distributor of Dagoba Organic Chocolate Cacao Powder, and its subsidiary Artisan Confections Company.

PLAINTIFF'S CONTENTIONS:
McCartney contended that defendants violated Proposition 65 Health and Safety Code Section 25249.6, by manufacturing, distributing and/or selling the Dagoba product without providing clear and reasonable warnings that it contained cadmium, a chemical listed under the proposition as a reproductive toxin.

Result

Pursuant to the settlement reached between the parties, defendants are permanently enjoined from selling or distributing Dagoba products that when consumed, contain more than 4.1 micrograms of cadmium per day, and must test future batches for cadmium. They will also pay $3,375 to Erika McCartney, $14,125 to the Office of Environmental Health Hazard Assessment (penalties paid to the state), and $67,500 to Pacific Justice Center (attorney fee reimbursement to plaintiff's counsel).