60 Day Notice 2019-02057

AG Number: 
2019-02057
Notice PDF: 
Date Filed: 
11/01/2019
Noticing Party: 
As You Sow
Plaintiff Attorney: 
Danielle Fugere
Chelsea Linsley
Alleged Violators: 
Real Food Blends, LLC
Nestle HealthCare Nutrition, Inc.
Nestle Health Science U.S. Holdings, Inc.
Chemicals: 
Lead and lead compounds
Source: 
Real Food Blends™ Quinoa, Kale & Hemp
Nestle COMPLEAT® ORGANIC BLENDS Pediatric Plant-Based Blend
Comments: 
Alleged violators. The names of the violators covered by this notice are: • Real Food Blends, LLC • Nestle HealthCare Nutrition, Inc. • Nestle Health Science US Holdings, Inc. Chemicals. These violations involve exposures to lead from the products listed below. The State of California has officially listed lead as a chemical known to cause cancer, developmental toxicity and reproductive harm. See Chemicals Known to the State to Cause Cancer or Reproductive Toxicity, available at http://oehha.ca.gov/prop65/prop65_list/Newlist.html. Consumer products. The products that are the subject of this notice are medical foods that contain lead and are, at any time, manufactured, distributed, or sold by the alleged violators, including but not limited to the products listed in the following table. Route of exposure. Use of the products identified in this notice result in human exposures to lead. The route of exposure is ingestion. No clear and reasonable warning is provided with the products regarding the health or reproductive hazards of lead. Duration of violation. These ongoing violations have occurred on every day since at least November 1, 2018, as well as every day since the products were introduced in the California marketplace, and will continue every day until clear and reasonable warnings are provided to product purchasers and users or until these known toxic chemicals are removed from the products.

60-Day Notice Document

Civil Complaint
AG Number:
2019-02057
Complaint PDF: 
Date Filed:
06/04/2020
Case Name: 
As You Sow v. Nestle Healthcare Nutrition, Inc., et al.
Court Name: 
Santa Clara Superior Court
Court Docket Number: 
20CV367043
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Barbara J. Chisholm
Danielle R. Fugere
Chelsea J. Linsley
Defendant: 
Nestle Healthcare Nutrition Inc.
Nestle Health Sciences US Holdings, Inc.
DOES 1-10
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
Barbara J. Chisholm
Contact Organization: 
Altshuler Berzon LLP
Address: 
177 Post Street, Suite 300
City, State, Zip:
San Francisco, CA 94108
Phone Number:
(415) 421-7151
Fax Number:
(415) 362-8064
Settlement
AG Number:
2019-02057
Settlement PDF: 
Settlement Date:
06/27/2023
Case Name: 
AS YOU SOW v. NESTLE HEALTHCARE NUTRITION, INC., et al.
Court Name: 
County of Santa Clara
Court Docket Number: 
20CV367043
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Barbara J. Chisholm
Defendant: 
Nestle Healthcare Nutrition, Inc., et al.
Injunctive Relief: 
This Conditional Dismissal and Tolling Agreement between the Parties requires Nestlé to take the following action: (a) Send a letter to Nestlé’s mailing list of prescribers of the noticed product within thirty (30) days of the Agreement’s effective date, in a form previously reviewed and approved by As You Sow. The letter includes a telephone number where prescribers can obtain additional information on estimated lead levels in the noticed product; (b) Engage in good-faith negotiations to resolve any and all claims, causes of action, or controversies arising out of or related to the claims asserted in As You Sow’s Notice, while said claims are tolled.
*Non-Contingent Civil Penalty:
$ 0.00
Attorney(s) Fees and Costs:
$ 80,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 80,000.00
Will settlement be submitted to court?
No
Contact Name: 
Barbara J. Chisholm
Contact Organization: 
Altshuler Berzon LLP
Address: 
177 Post Street, Suite 300
City, State, Zip:
San Francisco, CA 94108
Phone Number:
(415) 421-7151
Fax Number:
(415) 362-8064


* A non-contingent civil penalty is the civil penalty that must be paid pursuant to the settlement, regardless of future events or actions of the defendant. If a settlement includes a contingent penalty, the plaintiff should report the additional penalty amount when it becomes due.