DAS Labs/Bucked Up

After testing some products from DAS Labs/Bucked Up we found 34 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 DAS Labs/Bucked Up.

NOTICE

On September 6, 2019, Environmental Research Center filed a Notice of Violation of California Law Proposition 65, against DAS Labs LLC. dba Bucked Up.

In this action, ERC alleges that eight specific products manufactured, distributed, or sold by DAS Labs contain lead, a chemical listed under Proposition 65 as a carcinogen and reproductive toxin, and expose consumers to lead at a level requiring a Proposition 65 warning. 

These products are:

  1. Bucked Up Pre-Workout Grape Gainz

  2. Bucked Up Keto Protein Vanilla

  3. Buck Feed Protein Chocolate

  4. Bucked Up Pre-Workout Gym N’ Juice

  5. Bucked Up Pre-Workout Blood Raz

  6. Bucked Up Pre-Workout Blue Raz

  7. Woke AF Pre-Workout Grape Gainz

  8. Bucked Up Pre-Workout Killa OJ

NOTICE II

On October 16, 2019, Environmental Research Center filed a Notice of Violation of California Law Proposition 65, against DAS Labs LLC. dba Bucked Up.

In this action, ERC alleges that nine specific products manufactured, distributed, or sold by DAS Labs contain lead, a chemical listed under Proposition 65 as a carcinogen and reproductive toxin, and expose consumers to lead at a level requiring a Proposition 65 warning. 

These products are:

  1. Bucked Up Keto Protein Chocolate

  2. BAMF Nootropic Preworkout Strawberry Kiwi

  3. Bucked Up Racked Branched Chain Amino Acids Intra-Workout Peach Mango

  4. Bucket Up Racked Branched Chain Amino Acids Intra-Workout Pina Colada

  5. Woke AF High-Stimulant Pre-Workout ‘Merica Rocket Pop

  6. BAMF High-Stimulant Nootropic Preworkout Gym N’ Juice

  7. Bucked Up CL Exclusive All-Natural Pre-Workout Pink Lemonade

  8. Bucked Up CL Exclusive All-Natural Pre-Workout Blueberry Pomegranate

  9. Bucked UP Stag Multivitamin

NOTICE III

On December 30, 2019, Environmental Research Center filed a Notice of Violation of California Law Proposition 65, against DAS Labs LLC. dba Bucked Up.

In this action, ERC alleges that ten specific products manufactured, distributed, or sold by DAS Labs contain lead, a chemical listed under Proposition 65 as a carcinogen and reproductive toxin, and expose consumers to lead at a level requiring a Proposition 65 warning. 

These products are:

  1. Bucked Up Pre-Workout Watermelon

  2. Bucked Up Non-Stimulant Pre-Workout Raspberry Lime Ricky

  3. Bucked Up CL Exclusive PreWorkout Sour Watermelon

  4. Bucked Up Pre-Workout Strawberry Kiwi

  5. Woke AF High-Stimulant Pre-Workout Killa OJ

  6. Bucked Up Organic Greens Unflavored

  7. Bucked Up Organic Greens Mixed Berry

  8. Work AF High-Stimulant Blood Raz

  9. Work AF High-Stimulant Blue Raz

  10. Bucked Up CL Exclusive Nursing Support

NOTICE IV

On January 14, 2020 Environmental Research Center filed a Notice of Violation of California Law Proposition 65, against DAS Labs LLC. dba Bucked Up.

In this action, ERC alleges that seven specific products manufactured, distributed, or sold by DAS Labs contain lead, a chemical listed under Proposition 65 as a carcinogen and reproductive toxin, and expose consumers to lead at a level requiring a Proposition 65 warning. 

These products are:

  1. Exogenous Ketones Raspberry Lemonade Flavor

  2. Bucked Up Non-Stimulant PreWorkout Grape Gainz

  3. Bucked Up Non-Stimulant Pre-Workout Pink Lemonade

  4. Exogenous Ketones Orange-Mango Flavor

  5. BAMF High-Stimulant Nootropic Preworkout Pump N’ Grind

  6. Bucked Up Racked Branched Chain Amino Acids Intra-Workout Grape Flavor

  7. BAMF High-Stimulant Nootropic Preworkout Blue Raz

COMPLAINT

ERC filed a Civil Complaint on November 18, 2019. 

SETTLEMENT

A settlement was reached on February 5, 2020. In full satisfaction of all potential civil penalties, additional settlement payments, attorney's fees, and costs, DAS Labs shall make a total payment of $150,000.00 to ERC.

CORRECTIVE ACTION

The following warning must be utilized on products with lead levels over 0.5 micrograms: 

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, DAS Labs will arrange for lead testing of the Covered Products at least once a year for a minimum of five 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 five consecutive years, then the testing requirements will no longer be required. However, if during or after the five-year testing period, Bucked Up changes ingredient suppliers for any of the Covered Products and/or reformulates any of the Covered Products, Bucked Up must test that Covered Product annually for at least four consecutive years after the change is made.

 

If you want to read the whole DAS Labs/Bucked Up 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! 

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