Future Kind, LLC
Below is the timeline of events of the case between ERC and Future Kind, LLC Miami Labs, Inc., individually and dba OpenStore Open Store, Inc.
NOTICE I
On June 14, 2024, the Environmental Research Center filed a Notice of Violation of California Law Proposition 65, against Future Kind, LLC Miami Labs, Inc., individually and dba OpenStore Open Store, Inc. In this action, ERC alleges that 2 specific products, manufactured, distributed, or sold by Future Kind, LLC Miami Labs, Inc., individually and dba OpenStore Open Store, Inc. contain lead. Lead is a chemical listed under Proposition 65 as a carcinogen and a reproductive toxin, exposing consumers to levels requiring a Proposition 65 warning.
The products under investigation are:
1. Future Kind + Vegan Organic Turmeric Supports Joint Health - Lead
2. Future Kind + Organic Vegan Vanilla Protein Supports Muscle & Recovery – Lead
NOTICE II
On June 28, 2024, the Environmental Research Center filed a Notice of Violation of California Law Proposition 65, against Future Kind, LLC Miami Labs, Inc., individually and dba OpenStore Open Store, Inc. In this action, ERC alleges that 1 specific product, manufactured, distributed, or sold by Future Kind, LLC Miami Labs, Inc., individually and dba OpenStore Open Store, Inc. contains Perfluorooctanoic Acid (PFOA). PFOA is a chemical listed under Proposition 65 as a carcinogen and a reproductive toxin, exposing consumers to levels requiring a Proposition 65 warning.
The product under investigation is:
Future Kind + Organic Vegan Vanilla Protein Supports Muscle & Recovery - Perfluorooctanoic Acid (PFOA)
SETTLEMENT
A settlement was reached on October 22, 2024. In full satisfaction of all potential civil penalties, additional settlement payments, attorney's fees, and costs, Future Kind shall pay ERC $32,500.00 in total.
Injunctive Relief:
Beginning on the Effective Date, OpenStore shall be permanently enjoined from manufacturing for sale in the State of California, “Distributing into the State of California,” or directly selling in the State of California, any Covered Product which exposes a person to a “Daily Lead Exposure Level” of more than 0.5 micrograms of lead per day and/or any of the Covered Product Future Kind + Organic Vegan Vanilla Protein Supports Muscle & Recovery which exposes a person to a detectible level of PFOA per day unless it meets the warning requirements under Section 3.2.
If you want to read the Future Kind settlement, click here.
