Environmental Research Ctr. v. Athletic Greens (USA) Inc., No. RG15791200 (Cal. Sup. Ct. – Alameda Cnty.):  In this Proposition 65 action alleging that Defendant’s nutritional health products contain lead, Plaintiff moved for approval of settlement and for entry of consent judgment. The terms of the settlement require Defendant to place a Proposition 65 warning

California’s Office of Environmental Health Hazard Assessment recently issued to proposed regulations regarding California’s Proposition 65 that, if passed, will impact food and beverage companies, as well as manufacturers of other products sold in California.

First, OEHHA issued proposed regulations regarding what is deemed a “clear and reasonable warning” under Proposition 65.  The regulations provide