Barton Nutrition
Below is the timeline of events of the case between ERC and Garden of Original Greens LLC, individually and dba Barton Nutrition Barton Publishing Inc., individually and dba Barton Nutrition.
NOTICE I
On October 18, 2023, Environmental Research Center filed a Notice of Violation of California Law Proposition 65, against Barton Nutrition, Inc.
In this action, ERC alleges that two specific products manufactured, distributed, or sold by Barton Nutrition, Inc., 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:
Barton Nutrition FiberGreens Iced Tea Lemonade Naturally Flavored - Lead
Barton Nutrition FiberGreens Green Apple Naturally Flavored - Lead
Civil Complaint
On January 29, 2024, the Environmental Research Center filed a Civil Complaint against Barton Nutrition, Inc. To view the full civil complaint, click here.
Type of Claim:
Failure to Warn
Relief Sought:
Warning
Civil Penalty
Injunctive and Declaratory Relief
SETTLEMENT
A settlement was reached on July 15, 2024. In full satisfaction of all potential civil penalties, additional settlement payments, attorney's fees, and costs, Barton Nutrition shall pay ERC $50,000.00 in total.
Injunctive Relief:
Beginning on the Effective Date, Barton Nutrition 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.
If you want to read the Barton Nutrition settlement, click here.
JUDGEMENT
A judgement was reached on December 12, 2024. In full satisfaction of all potential civil penalties, additional settlement payments, attorney's fees, and costs, Barton Nutrition shall pay ERC $50,000.00 in total.
Injunctive Relief:
Beginning on the Effective Date, Barton Nutrition 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.
If you want to read the Barton Nutrition judgement, click here.
