Dr Leeman claimed that Farmer Bros violated California’s Proposition 65 by selling a food extract, flavour and colouring alleged to contain the carcinogenic toxin 4-methylimidazole, commonly known as 4-MEI, to California consumers without providing the requisite health hazard warning to consumers.
The Honorable Marla J Miller of the San Francisco County Superior Court approved the settlement on 22 October 2013.
“This case sets an important precedent for manufacturers, distributors and suppliers all over the US,” said Clifford Chanler, founder of The Chanler Group. “They must take responsibility for their products or face legal consequences. We are proud that our clients continue to improve consumer safety and protect our bodies from dangerous chemicals.”
As a result of the settlement, Farmer Bros has agreed to reformulate the extract to virtually eliminate 4-MEI. Farmer Bros may manufacture, distribute or sell the extract in California only if it meets reformulation specifications. Farmer Bros is additionally responsible for paying a civil penalty of up to $30,000, 75% of which is paid to the State of California.
This is the first time that a manufacturer, distributor or supplier has ever been successfully held responsible for selling products in California containing 4-MEI. Dr Leeman and The Chanler Group anticipate yet more settlements and reformulations in the coming months.
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