Environmental & Energy,
Consumer Protection Law
Jan. 23, 2025
How plaintiffs are skirting Proposition 65's pre-suit notice with sweet success
Recent class action lawsuits targeting chocolate products revive questions about the use of embedded Proposition 65 allegations.
Chocolate has increasingly found itself in the crosshairs of class action plaintiffs in recent years. Under a 2018 consent judgment in a Proposition 65 action, As You Sow v. Trader Joe's, Inc., No. CGC-15-548791 (San Francisco Cnty. Super. Ct. Feb. 15, 2018), an expert committee examined the sources of lead and cadmium in many chocolate brands and made recommendations for new Proposition 65 warnings. Articles published by Consumer Reports and other outlets made ...
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