Settlement Date:
10/03/2019
Case Name:
As You Sow v. Huel Limited and Huel Inc.
Court Name:
Alameda County Superior Court
Plaintiff Attorney:
Danielle Fugere
Chelsea Linsley
Injunctive Relief:
1. The following “Warning Statement” on all Covered Products produced, distributed, and/or sold by Defendant in the State of California:
WARNING: Consuming this product can expose you to chemicals including lead, which is known to the State of California to cause birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov/food.
2. For Covered Products sold via the Huel Website, the Warning Statement shall prominently display to purchasers before completing their purchases or will be provided via a clearly marked hyperlink using the words “WARNING: California Customers,” with the word “WARNING" in all capital letters and in bold print (“Warning Link”).
3. For all Covered Products sold to customers in California via the Amazon website, in compliance with California Code of Regulations, Title 27, Article 6, § 25600.2(b), Defendant shall send to Amazon a written notice, which shall specifically identify the Covered Products, state that the Covered Products may result in an exposure to one or more listed chemicals, and shall request that Amazon provide the Warning Statement, either directly on the product display page or via a clearly marked hyperlink using the word “WARNING” in all capital letters and bold print, or by otherwise prominently displaying the Warning Statement to purchasers prior to completing the purchase. Defendant shall annually renew the written notice, and request written acknowledgment, in compliance with California Code of Regulations, Title 27, Article 6, § 25600.2(c).
*Non-Contingent Civil Penalty:
$ 17,000.00
Attorney(s) Fees and Costs:
$ 27,000.00
Payment in Lieu of Penalty:
$ 12,000.00 (Within thirty (30) days of the Effective Date, Defendant shall pay $12,000 in the form of a check made payable to As You Sow as a payment in lieu of additional civil penalties, with this amount to be used by As You Sow for grants to California 501(c)(3) non-profit organizations and by the As You Sow Environmental Enforcement Fund. These funds shall be used to educate and/or reduce or remediate consumer exposures to toxic chemicals such as lead and cadmium and to increase consumer, worker, and community awareness of the health hazards posed by toxic chemicals in California. In deciding among grant proposals, the As You Sow Board of Directors (“Board”) takes into consideration a number of important factors, including: (1) the nexus between the harm done in the underlying case(s) and the grant program work; (2) the potential for toxics reduction, prevention, remediation, or educational benefits to California citizens from the proposal; (3) the budget requirements of the proposed grantee and the alternate funding sources available to it for its project; and, (4) the Board’s assessment of the proposed grantee’s ability to perform the funded activities. As You Sow shall ensure that all funds will be disbursed and used in accordance with this paragraph, as well as As You Sow’ mission statement, articles of incorporation, bylaws, and applicable state and federal laws and regulations. As You Sow shall obtain and maintain adequate records to document that the funds are spent on the activities described in this paragraph, and shall provide to the Attorney General, within thirty days of any request, copies of all documentation demonstrating how such funds have been spent. No Party to this Consent Judgment or counsel of record, or spouse or dependent child thereof, has an economic interest in any individual or entity, besides itself, that will receive all or part of an Additional Settlement Payment.)
Total Payments:
$ 56,000.00
Will settlement be submitted to court?
City, State, Zip:
Berkeley, CA 94702
Phone Number:
(510) 735-8156
