Arizona Custom Blends Manufacturing
After testing products from Arizona Custom Blends Manufacturing, we found four products we allege to be in violation of Proposition 65 in regards to lead contamination. Below is the timeline of events of the case between ERC and Arizona Custom Blends Manufacturing.
NOTICE
On August 25, 2022 Environmental Research Center filed a Notice of Violation of California Law Proposition 65, against Arizona Custom Blends Manufacturing.
In this action, ERC alleges that four specific products manufactured, distributed, or sold by the Arizona Custom Blends Manufacturing, contain lead, a chemical listed under Proposition 65 as a carcinogen and reproductive toxin, and expose consumers to levels requiring a Proposition 65 warning.
The products under investigation are:
Detox Organics, Daily Protein Vanilla Weight Loss Shake
Detox Organics, Daily Detox Support Chocolate Superfoods
Detox Organics, Daily Boost Metabolism & Thyroid Support
Detox Organics, Organic Extract Dopamine Detox Calming Adaptogen Powder
COMPLAINT
ERC filed a Civil Complaint on July 27, 2020.
SETTLEMENT
A settlement was reached on June 22, 2021. In full satisfaction of all potential civil penalties, additional settlement payments, attorney's fees, and costs, Detox Organics, LLC shall make a total payment of $95,000.00 to ERC.
CORRECTIVE ACTION
Beginning on the Effective Date, Detox Organics 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 unless it meets the warning requirements under Section 3.2. The injunctive relief requirements imposed in Section 3 of this Consent Judgment shall be in effect only during time periods in which Detox Organics employs ten or more persons. If Detox Organics contends that the injunctive relief requirements in Section 3 of this Consent Judgment are not in effect because Detox Organics no longer employs ten or more persons, Detox Organics must take the following actions: (a) send ERC written notification within fifteen (15) days of invoking relief under this Section; (b) provide ERC with copies of the United States Internal Revenue Service (IRS) Form 941 (“Form 941”) for the quarter during which Detox Organics provides the notification and the immediately preceding quarter; and (c) provide ERC with a copies of the Form 941 either: (i) for the four calendar quarters following the quarter during which notification was provided pursuant to this Section 3.1 or (ii) for each quarter, following the quarter during which notification was provided pursuant to this Section 3.1, until Detox Organics employs ten or more people, whichever comes first. If the number of persons employed by Detox Organics increases to ten or more at any time after the date that Detox Organics notifies ERC that the number of its employees was less than ten, Detox Organics shall send ERC a written notification that the number of Detox Organics’ employees has increased to ten or more within thirty (30) days after the date that the number of Detox Organics’ employees increases to ten or more. Detox Organics shall provide each Form 941 referenced herein to ERC within thirty (30) days from the date it is provided to the IRS.
If you want to read the Detox Organics, LLC settlement, click here.