Case Name:
EHA, Inc. v Freeland Foods, LLC
Court Name:
Alameda County Superior Court
Plaintiff:
Environmental Health Advocates, Inc.
Injunctive Relief:
Beginning one-hundred-eighty (180) days after the Effective Date, Freeland Foods shall be
permanently enjoined from manufacturing, distributing, or directly selling in the State of California,
any Covered Product that exposes a person to a “Daily Lead Exposure Level” of more than 0.5
micrograms of lead per day unless such Covered Products comply with the warning requirements of
Section 2.2. The “Daily Lead Exposure Level” shall be calculated by multiplying the recommended
serving size in Covered Products by the concentration of lead in Covered Products. As used in this
Section 2, “distributed for sale in California” means to directly ship Covered Products into California
or to sell Covered Products to a distributor Freeland Foods knows will sell Covered Products in
California.
If Proposition 65 or its implementing regulations (including but not limited to the published “no
significant risk level” and “maximum allowable dose level” for lead set forth at Cal. Code Regs., tit.
27, sections 25705 and 25805 or any “alternative risk level” adopted by regulation or court decision)
are changed from their terms as they exist on the Effective Date, Freeland Foods shall be entitled to
reformulate, at its discretion, the Covered Products to such levels without being deemed in breach of
this Consent Judgment.
For Covered Products that contain lead in a concentration exceeding the “Daily Exposure
Level” set forth in section 2.1 above, and which are manufactured and packaged for distribution for
authorized sale or use in California on or after the Effective Date, the covered Products shall be sold in
California with any of the warnings provided under Cal. Code Regs., tit. 27, sections 25607.1 (Food
Exposure Warnings – Methods of Transmission) and 25607.2 (Food Exposure Warnings – Content),
which became operative on August 30, 2018. An internet warning that complies with Cal. Code Regs.,
tit. 27, sections 25602, subd. (b) shall be posted on any websites under the exclusive control of Freeland
Foods where Covered Products are sold directly to California consumers. Freeland Foods shall instruct any third party website to which it sells its Covered Products to include the same warning in compliance
with Cal. Code Regs., tit. 27, sections 25602, subd. (b) as a condition of selling the Covered Products.
The specifications for a compliant warning in this Consent Judgment comply with Proposition
65 and its regulations as of the date of this Consent Judgment. In the event that the Office of
Environmental Health Hazard Assessment or another authorized agency promulgates one or more
regulations requiring or permitting warning text and/or methods of transmission applicable to the
Covered Product which are different than those set forth above, Freeland Foods shall be entitled to use,
at its sole discretion, such other warning text and/or method of transmission without being deemed in
breach of this Consent Judgment.
