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Consumer Law
Consumer Protection
Violation of Proposition 65

Whitney R. Leeman, Ph.D. v. Adams Extract & Spice LLC, and Does 1 through 150, inclusive

Published: Mar. 15, 2014 | Result Date: Feb. 5, 2014 | Filing Date: Jan. 1, 1900 |

Case number: CGC-13-529493 Settlement –  $92,500

Court

San Francisco Superior


Attorneys

Plaintiff

Laurence D. Haveson

Clifford A. Chanler
(The Chanler Group)


Defendant

Brian M. Ledger
(Gordon & Rees LLP)


Facts

Whitney Leeman filed suit against Adams Extract & Spice LLC for violations of Proposition 65.

Contentions

PLAINTIFF'S CONTENTIONS:
Leeman asserted that Adams sold food extracts, flavors, and colorings that contained 4-methylimidazole, also known as 4-MEI, a substance listed in Proposition 65 as known to cause cancer. Pursuant to Proposition 65, Adams was required to include health hazard warnings on these products, but did not.

DEFENDANT'S CONTENTIONS:
Adams denied Leeman's allegations and asserted that its products complied with California laws.

Result

The parties settled. Adams agreed to provide clear and reasonable warnings for its products, and to pay $20,000 in civil penalties. Adams also agreed to pay $72,500 to Leeman for his fees and costs.


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