Case Name:
AS YOU SOW v. HORMEL FOODS CORPORATION, et al.
Court Name:
San Francisco Superior Court
Injunctive Relief:
MEGAMEX agrees that it will:
(1) change the serving size on the Covered Products’ labels from 1 tablespoon to 1 teaspoon, to the extent it has not done so already; and
(2) source chilies only from suppliers that (a) use good agricultural and manufacturing practices and (b) employ quality control measures, as those terms are used in Title 21, Code of Federal Regulations, section 110.110, subdivision (c) and section 110.80, to reduce contamination by lead to the lowest level currently feasible;
MEGAMEX further agrees that it will not market, sell, or distribute any Covered Product in California that has a lead concentration in excess of 0.06 parts per million (“Maximum Lead Level”), unless such Covered Product carries the warning set forth below in this paragraph 2.2. This concentration is dependent upon the serving size set forth in paragraph 2.1(1) above; unless required by applicable federal or state law, the serving size may not be changed without agreement by the parties. Should any product sold in California contain concentrations of lead above this level, the product shall carry the following warning:
“WARNING: This product contains chemicals known to the State of California to cause birth defects or other reproductive harm.”
If the level of lead in the product sold in California will result in an exposure in excess of the “no significant risk level” established under Proposition 65 for lead, MEGAMEX shall use the following warning:
“WARNING: This product contains chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm.”
Payment in Lieu of Penalty:
$ 26,000.00 (To be used by As You Sow for grants to California non-profit organizations and As You Sow Environmental Enforcement Fund.)