Amazing Grass

CA AG consent judgment: $213,167 over alleged lead or cadmium in 13 products

On September 20, 2019, the California Attorney General announced a $213,167 settlement with Grass Advantage, LLC, a Delaware limited liability corporation doing business as Amazing Grass (Newport Beach). The press release says the settlement resolves allegations that Amazing Grass sold and distributed thirteen products containing excessive levels of lead or cadmium without the Proposition 65 warnings the complaint alleges were required, and that the company touted the products' ability to remove metals from the body. The Attorney General also alleged violations of the False Advertising Law and the Unfair Competition Law. The consent judgment in Alameda County Superior Court No. RG15764860 (as to defendant Grass Advantage) allocates the $213,167 as a $146,000 civil penalty under Health & Safety Code section 25249.7(b), plus $54,000 for the Attorney General's investigation and prosecution costs and $13,166.90 reimbursing Environmental Research Center investigation and testing costs. Exhibit A lists 13 Covered Products. Exhibit B lists seven products Grass Advantage represented it no longer manufactured, distributed, or shipped for sale in California; those seven are exempt from the Section 9 obligations unless Grass Advantage resumes California sales of those products or of products whose formulations are materially the same. The press release states Amazing Grass elected to discontinue seven of the products that contained high lead levels. Section 9 requires an independent food-quality auditor, lot testing for lead with results kept at least three years and made available to the Attorney General on written request, and Proposition 65 warnings where required after any naturally occurring lead allowance. Beginning on the effective date, Section 9.7 permanently bars distribution or sale in California of any Covered Product whose recommended serving contains more than 5.0 µg of lead, whether or not that lead is naturally occurring. Section 9.8 bars statements materially similar to "Amazing Meal does not contain high levels of lead" and to the claim that Amazing Meal and Amazing Grass Raw Reserve Chocolate "are known to detoxify and actually aid in removing heavy metals from our body." Section 4 states that entry of the judgment is not an admission of law and is not an admission or denial of the factual allegations in the complaint.