A new Prop 65 notice has been generated in California affecting Food to Live Organic Goji Berries. A consumer in California has allegedly identified violations of California’s Safe Drinking Water and Toxic Enforcement Act of 1986, also referred to as Proposition 65.
Allegations Related to Lead Claims With Food to Live Organic Goji Berries
The current Prop 65 claim argues that Food to Live Organic Goji Berries contain lead. The word organic and other marketing and labeling might lead consumers to believe they are purchasing a healthy and safe product, but when testing reveals that dangerous chemicals inside may cause injuries, the manufacturer may be held responsible.
According to the Prop 65 claim, the violator did not provide appropriate notices to California consumers about Food to Live Organic Goji Berries and the chemicals therein which may pose danger of serious injury to consumers using them. Proposition 65 includes a comprehensive list of chemicals known to the state of California to cause cancer, birth injuries, or reproductive harm. Since this list is updated at least once per year, manufacturers must be aware of any new additions and ensure that their labeling is prepared for such an issue. Failing to notify consumers about Prop 65 chemicals contained within their products may prompt notices, legal action, or even fines.
Manufacturers of any products that contain these chemicals are responsible for posting Prop 65 warnings directly on the product to enable consumers to make an informed decision. According to the lawsuit, Jet.com, Walmart.com USA, Walmart stores, and Amzaon.com are among the alleged violators for selling Food to Live Organic Goji Berries without a warning. Lead was listed as a chemical known to cause female and male reproductive toxicity and developmental toxicity as of 1987.
Prop 65 Warning Requirements
The Prop 65 list was also updated in 1992 because lead and lead compounds were known to cause cancer. According to the Food to Live Organic Goji Berries violation notice, violations have been occurring since November 9, 2016 due to lead within this product. According to the paperwork filed with the Proposition 65 violation notice, the primary method of exposure for California consumers to these chemicals is through ingestion.
Eating foods that contain dangerous chemicals may increase the risk or cancer, birth injuries, or reproductive problems. Prop 65 therefore stipulates what chemicals fall under this category and what someone who finds evidence should do after discovering the presence of a compound or chemical on the list. Any consumer in this position could benefit from reviewing the requirements of Prop 65 and determining rights and responsibilities from that point.
Proposition 65 mandates that a reasonable and clear warning be provided regarding exposure of identified chemicals and this warning should appear on the product label.
Proposition 65 enables consumers to take action in the event that they believe that a manufacturer is involved in distributing a product that contains chemicals listed on Proposition 65. If you or someone you know has become aware of this information, consulting with the Prop 65 attorneys at Bradley/Grombacher can help you to figure out your legal rights and next steps.
Fill out this form TODAY for a free review of your Prop 65 claim.