Case Name:
EHA, INC v FILTHY FOOD, LLC
Court Name:
Alameda County Superior Court
Plaintiff:
Environmental Health Advocates, Inc.
Injunctive Relief:
Beginning ninety (90) days after the Effective Date, Filthy Food shall distribute or directly sell
in the State of California only Covered Product that is either Reformulated Product (as defined in
Section 2.2) or that complies with the warning requirements of Section 2.3. As used in this Section 2,
"distribute or directly sell in the State of California" means to ship Covered Products directly into
California or to sell Covered Products to a distributor Filthy Food actually knows will sell Covered
Products in California.
2.2 Reformulation Standard Of Reformulated Product is Covered Product for which the serving size suggested on the nutrition
label contains no more than 0.5 micrograms of lead, when analyzed pursuant to AOAC Method 2015.01
or any other acceptable methodology used by any state or federal agency for testing lead content in a
13 substance substantially similar to the Covered Products.
14 2.3 Clear and Reasonable Warnings
For Covered Products that contain Lead in a concentration exceeding the Reformulation
Standard set forth in section 2.2 above, and which are distributed or directly sold by Filthy Food in the State of California on or after the Effective Date, Filthy Food shall provide one of the following warning statements. This warning statement shall be prominently displayed on the Covered Products, on the packing
of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with
such conspicuousness, as compared with other words, statements, or designs as to render it likely to be
read and understood by an ordinary individual prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. The same warning shall be posted on any websites under the exclusive control of Filthy Food where Covered Products are sold into California. Filthy Food shall instruct any third-party website to which it directly sells its Covered Products to include the same warning as a condition of selling the Covered Products in California.
2.4 Sell-Through Period
Notwithstanding anything else in this Consent Judgment, Covered Products that are manufactured, packaged, or put into commerce within ninety (90) days of the Effective Date shall be subject to the release of liability pursuant to this Consent Judgment, without regard to when such Covered Products were, or are in the future, distributed or sold to customers. As a result, the obligations of Filthy Food, or any Releasees (if applicable), stated in this Section 2 do not apply to Covered Products manufactured, packaged, or put into commerce up to ninety (90) days after the Effective Date.
