Metagenics
After testing some products from Metagenics we found two products we alleged to be in violation of Proposition 65 in regards to lead amounts. Below is the timeline of events of the case between ERC and Metagenics.
NOTICE
On May 30, 2019, Environmental Research Center filed a Notice of Violation of California Law Proposition 65, against Metagenics, Inc.
In this action, ERC alleges that one specific product manufactured, distributed, or sold by Metagenics contains lead, a chemical listed under Proposition 65 as a carcinogen and reproductive toxin, and exposes consumers to lead at a level requiring a Proposition 65 warning.
This product is:
Metagenics UltraInflamX Plus 360° Medical Food Original Spice Flavor
NOTICE II
On July 11, 2019, Environmental Research Center filed a Notice of Violation of California Law Proposition 65, against Metagenics, Inc.
In this action, ERC alleges that one specific product manufactured, distributed, or sold by Metagenics contains lead, a chemical listed under Proposition 65 as a carcinogen and reproductive toxin, and exposes consumers to lead at a level requiring a Proposition 65 warning.
This product is:
Metagenics CandiBactin-BR
COMPLAINT
ERC filed a Civil Complaint on October 30, 2020.
SETTLEMENT
A settlement was reached on February 24, 2020. In full satisfaction of all potential civil penalties, additional settlement payments, attorney's fees, and costs, Metagenics shall make a total payment of $82,500.00 to ERC.
CORRECTIVE ACTION
The following warning must be utilized on products with lead levels over 0.5 micrograms of “naturally occuring” lead:
WARNING: Consuming this product can expose you to chemicals including lead which is [are] known to the State of California to cause [cancer and] birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov/food.
The phrase "cancer and" in the Warning should be used if there is reason to believe that the "Daily Lead Exposure Level" is greater than 15 micrograms of lead or if there is reason to believe that another Proposition 65 chemical is present which may require a cancer warning.
The Warning shall be securely attached or printed on the container or label of each Covered Product. If the Warning is provided on the label, it must be set off from other surrounding information and enclosed in a box.
For any Covered Product sold over the internet, the Warning shall appear on the checkout page when a California delivery address is indicated. An asterisk (or other identifying method) must be used to identify which products on the checkout page are subject to the Warning. The Warning should never be contained through a link.
The Warning shall be at least the same size as the largest of any other health or safety warnings also appearing on the website, label, or container of the product packaging.The word "WARNING" shall be in all capital letters and in bold print. No statements intended to diminish the impact of the Warning should accompany the Warning.
No statements may accompany the Warning that state or imply that the source of the listed chemical results in a less harmful effect.
The Warning must be clear and visible compared to other words, statements, or designs on the label, container or website. This way, it is likely to be read and understood by the average person purchasing the products.
Beginning within one year, Metagenics will arrange for lead testing of the Covered Products at least once a year for a minimum of three consecutive years. This is done by arranging for the testing of five randomly selected samples of each of the Covered Products they plan to distribute in California.
If tests conducted demonstrate that no Warning is required for a Covered Product during each of the three consecutive years, then the testing requirements will no longer be required. However, if during or after the three-year testing period, Metagenics changes ingredient suppliers for any of the Covered Products and/or reformulates any of the Covered Products, Metagenics must test that Covered Product annually for at least two consecutive years after the change is made.
If you want to read the whole Metagenics settlement, click here.
Do you want to know if your products are safe and in compliance with Proposition 65? Submit a product to be tested!