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 of Violation I
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 of Violation 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
Civil Complaint
On October 30, 2020., the Environmental Research Center filed a Civil Complaint against DAS Labs, LLC, individually and dba Bucked Up, LLC, Bucked Up, LLC. To view the full civil complaint, click here.
Type of Claim:
Failure to Warn
Relief Sought:
Warning
Civil Penalty
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 $150,000.
Injunctive Relief:
3.1 Beginning on the Effective Date, DAS Labs 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 unless it meets the warning requirements under Section 3.2.
If you want to read the Koia settlement, click here.
Judgment
Judgment Date: 04/23/2020
Injunctive Relief: 3.1 To the extent that the terms of this Consent Judment conflict with Proposition 65 and corresponding regulations, Proposition 65 and the corresponding regulations control. Beginning on the Effective Date, DAS Labs 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 unless it meets the warning requirements under Section 3.2.
Is Judgment Pursuant to Settlement? Yes