Cellucor

Prop 65 consent judgment: ERC lead/cadmium settlement covering Cellucor Cor-Performance proteins

In Environmental Research Center, Inc. v. Woodbolt Distribution, LLC, individually and doing business as Nutrabolt, Alameda County Superior Court No. RG18907516, the California Attorney General hosts Prop 65 judgment PDF 2018-00107J4077 (settlement twin 2018-00107S7041). The complaint was filed June 5, 2018 after a January 23, 2018 60-day notice (AG 2018-00107) alleging failure to warn for lead — and cadmium in one gainer — in Covered Products that include eight Cellucor Cor-Performance whey, casein, and gainer SKUs plus two Royal Sport LTD. lines. The stipulated consent judgment requires that Covered Products sold into California after the Effective Date either meet reformulation limits (no more than 0.5 micrograms of lead per day after allowed naturally occurring ingredient deductions, and no more than 4.1 micrograms of cadmium per day where cadmium is listed) or carry a clear Proposition 65 warning, with specified testing for at least three years. Defendant agreed to pay a Total Settlement Amount of $65,000 (civil penalty $11,211.37 split 75% OEHHA / 25% ERC; ERC costs $12,033.95; Franco fees $13,050.06; ERC in-house fees $28,704.68 — AG host rounds civil penalty $11,211 and fees/costs $53,789). The Consent Judgment states it is not an admission of any Proposition 65 violation; Defendant denied the claims. The AG registry Settlement Date is October 19, 2018; the Alameda Superior Court FILE stamp and the AG registry Judgment Date both lock entry to January 15, 2019.