The Environmental Research Center (ERC) has reportedly filed a lawsuit under Proposition 65 (Prop. 65) against a company that allegedly sells “meal replacement” shakes and “hunger blocker” bars containing lead, a chemical known to California as a reproductive toxicant and cause of cancer. ERC v. Ideal Shape LLC, No. __ (Cal. Super. Ct., Alameda Cty.).

Under Prop. 65, the Safe Drinking Water and Toxic Enforcement Act of 1986,
private litigants such as ERC may bring enforcement actions after notifying an
alleged violator that it has failed to provide warnings with products containing
listed chemicals. ERC sent such a letter to Ideal Shape on May 17, 2013, alleging
Prop. 65 violations every day since at least May 17, 2010. See Courthouse News
Service, November 25, 2013.

 

 

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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