Bucked Up

Prop 65 consent judgment: ERC lead settlement covering 34 Bucked Up, Woke AF, BAMF, and related SKUs

In Environmental Research Center, Inc. v. DAS Labs LLC (individually and dba Bucked Up) and Bucked Up, LLC, Alameda County Superior Court No. RG19043611 (Hon. Julia A. Spain), the California Attorney General hosts Prop 65 judgment PDF 2019-01712J4429 (settlement twin 2019-01712S8351). The complaint was filed November 18, 2019 (amended December 26, 2019) after September 6, 2019, October 16, 2019, December 30, 2019, and January 14, 2020 60-day notices (AG 2019-01712 and companions 2019-01933, 2019-02423, and 2020-00091) alleging failure to warn for lead in thirty-four Covered Products across the Bucked Up, Woke AF, BAMF, Racked, Buck Feed, Keto Protein, Organic Greens, Exogenous Ketones, Stag Multivitamin, and Nursing Support lines. The stipulated consent judgment permanently enjoins distributing into or directly selling in California any Covered Product that exposes a person to more than 0.5 micrograms of lead per day unless it meets the judgment's warning requirements, beginning on the Effective Date, with a specified testing protocol. Defendants agreed to pay a Total Settlement Amount of $150,000 (civil penalty $100,000 split 75% OEHHA / 25% ERC; ERC costs $8,115.21; Additional Settlement Payment $22,470.60; ERC in-house legal fees $19,414.19 — AG host rounds fees/costs $27,529 and payment-in-lieu $22,471). The Consent Judgment states it is not an admission of any Proposition 65 violation; Defendants denied the claims. The AG registry Settlement Date is February 5, 2020. The court ORDER is dated April 23, 2020 (matching the AG registry Judgment Date); the Alameda Superior Court FILE stamp on the judgment PDF is May 19, 2020.