Kyoku Superfoods LLC
Below is the timeline of events of the case between ERC and Kyoku Superfoods, LLC.
Notice of Violation I
On September 29, 2022 Environmental Research Center filed a Notice of Violation of California Law Proposition 65, against Kyoku Superfoods, LLC.
In this action, ERC alleges that two specific products manufactured, distributed, or sold by Kyoku Superfoods LLC, contain lead, two chemicals listed under Proposition 65 as carcinogens and reproductive toxins, and expose consumers to levels requiring a Proposition 65 warning.
The products under investigation are:
1. Swiss RX Total Recovery Chocolate Mint
2. Kyoku Daily Superfood Shake
Notice of Violation II
On October. 25, 2022 Environmental Research Center filed a Notice of Violation of California Law Proposition 65, against Kyoku Superfoods, LLC.
In this action, ERC alleges that three specific products manufactured, distributed, or sold by Kyoku Superfoods LLC, contain lead, mercury and/or cadmium, three chemicals listed under Proposition 65 as carcinogens and reproductive toxins, and expose consumers to levels requiring a Proposition 65 warning.
The products under investigation are:
1. Swiss RX Total Recovery Vanilla Chai - Lead, Cadmium
2. Swiss RX Total Recovery Strawberry – Lead, Cadmium, Mercury
3. Swiss RX Nitric Oxide - Lead
Civil Complaint
ERC filed a Civil Complaint on January 13, 2023.
Settlement
A settlement was reached on February 23, 2023. In full satisfaction of all potential civil penalties, additional settlement payments, attorney's fees, and costs, Kyoku Superfoods, LLC shall make a total payment of $55,500.00 to ERC.
CORRECTIVE ACTION
Beginning on the Effective Date, The Feed 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 that exposes a person to a "Daily Lead Exposure Level" of more than 0.5 micrograms of lead per day and/or "Daily Cadmium Exposure Level" of more than 4.1 micrograms of cadmium per day and/or "Daily Mercury Exposure Level" of more than 0.3 micrograms of mercury per day unless it meets the warning requirements under Section 3.2.
If you want to read the Kyoku Superfoods LLC settlement, click here.
Judgment
Judgment Date:
07/28/2023
Injunctive Relief: Beginning on the Effective Date, The Feed 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 that exposes a person to a "Daily Lead Exposure Level" of more than 0.5 micrograms of lead per day and/or "Daily Mercury Exposure Level" of more than 0.3 micrograms of mercury per day unless it meets the warning requirements under Section 3.2.
Is Judgment Pursuant to Settlement?
Yes