Case Name:
Chemical Toxin Working Group Inc. v. Family Food Co., Inc.
Plaintiff:
Chemical Toxin Working Group Inc. dba Healthy Living Foundation
Injunctive Relief:
Beginning as of the Compliance Date, the Company shall not Distribute into the State of California Covered Product that exposes a person to the Exposure Level, unless Covered Products meets the Warning requirements of this Agreement. Covered Product that Company Distributes into the State of California after the Compliance Date, shall either (1) qualify as a Reformulated Product or (2) comply with the Warning requirements of this Agreement.
A clear and reasonable exposure Warning must be provided for Covered Product(s) that exceed the Exposure Level that Company Distributes into the State of California after the Compliance Date.
“Exposure Level” is an exposure to more than 0.5 micrograms of lead and/or lead compounds per day and/or more than 4.1 mcg of cadmium per day.
Daily Exposure Level” means micrograms of lead or cadmium per gram of product, multiplied by grams of product per serving of the product (using the largest serving size appearing on the product label), multiplied by servings of the product per day, using the largest number of recommended daily servings appearing on the label or in marketing materials of the Company. If the label or marketing materials contain no recommended daily servings, then the Covered Product shall be deemed to comply with Proposition 65 warning requirements for lead and cadmium if the level of lead does not exceed 10 parts per billion and the level of cadmium does not exceed 20 parts per billion.
