Two manufacturers of toddler formulas (Nutraceutical Corp. and Graceleigh Inc.) agreed to stop selling their products (Peaceful Plant Toddler Supreme Formula and Sammy’s Free-Range Goat Milk Toddler Formula) in California after the California Attorney General sent letters to them demanding that they cease and desist such sales due to the products allegedly containing lead levels that violate not only federal law, but also California’s Prop 65 (People v. Nutraceutical – Complaint, RG18907841).
The Attorney General alleges that the products contain lead levels as high as 13 to 15 times the Prop 65 safe harbor level (Maximum Allowable Dose Level or MADL), which is 0.5 micrograms per day of lead. Since the products did not contain a lead warning, the Attorney General alleged that the manufacturers were in violation of Prop 65. As a result of the actions by the Attorney General, the manufacturers agreed to cease selling their products in California.
This issue is just the latest in the ongoing Prop 65 litigation in California. The costly and prolonged litigation is a reminder for any company (of any size) doing business in California that it must be aware of the Prop 65 regulations and ensure that products sold in California comply with Prop 65 requirements. Failure to comply with the regulations can lead to steep penalties.
CMBG3 Law LLC has represented clients in products liability matters, especially with respect to warning label issues, for many years. Our attorneys in California are well-versed on Prop 65 issues and requirements. We provide the most current legal advice to our clients by staying on top of developments in science, medicine, and regulations regarding a wide variety of substances and products used by consumers every day. If you have any questions or would like more information, please contact Christine Calareso (email her or 949-467-9605), Gilliam Stewart (email him or 415-957-2322), or John Gardella (email him or 617-279-8225).