After testing some products from Pervine Foods, we found 14 products in violation of Proposition 65 in regards to lead amounts. Below is the timeline of events of the case between ERC and PERVINE FOODS.
On June 8, 2018 and September 14, 2018, Environmental Research Center filed a Notice of Violation of California Law Proposition 65, against PERVINE FOODS, LLC.
In this action, ERC alleges that fourteen specific products manufactured, distributed, or sold by PERVINE/BAKERY contain lead, a chemical listed under Proposition 65 as a carcinogen and reproductive toxin, and expose consumers to lead at a level requiring a Proposition 65 warning.
These products are:
- Chef Robert Irvine's Fit Crunch Whey Protein Baked Bar Cookies And Cream
- Chef Robert Irvine's Fit Crunch Whey Protein Baked Bar Peanut Butter
- Chef Robert Irvine's Fit Crunch Whey Protein Baked Bar Chocolate Chip Cookie Dough
- Chef Robert Irvine's Fit Crunch Whey Protein Baked Bar Caramel Peanut
- Chef Robert Irvine's Fit Crunch Whey Protein Brownie Cookie Dough
- Chef Robert Irvine's Fit Crunch Whey Protein Powder Chocolate Deluxe
- Chef Robert Irvine's Fit Crunch Whey Protein Powder Peanut Butter
- Chef Robert Irvine's Fit Crunch Whey Protein Brownie Chocolate 50g
- Chef Robert Irvine's Fit Crunch Whey Protein Baked Bar Birthday Cake 88g
- Chef Robert Irvine's Fit Crunch Whey Protein Baked Bar Chocolate Chip Cookie Dough 46g
- Chef Robert Irvine's Fit Crunch Whey Protein Baked Bar Cinnamon Twist 46g
- Chef Robert Irvine's Fit Crunch Whey Protein Baked Bar Bi1ihday Cake 46g
- Chef Robert Irvine's Fit Crunch Whey Protein Baked Bar Caramel Peanut 46g
- Chef Robert Irvine's Fit Crunch Whey Protein Baked Bar Chocolate Peanut Butter 46g.
ERC filed a Civil Complaint on September 17, 2018.
ERC filed an Amended Complaint on December 5, 2018.
On September 6, 2019, a settlement was reached. In full satisfaction of all potential civil penalties, additional settlement payments, attorney's fees, and costs, PERVINE/BAKERY shall make a total payment of $400,000.00 to ERC.
The following warning must be utilized on products with lead levels over 0.5 micrograms:
- WARNING: Consuming this product can expose you to chemicals including lead which is [are] known to the State of California to cause [ cancer and] birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov/food.
The phrase "cancer and" in the Warning should be used if there is reason to believe that the "Daily Lead Exposure Level" is greater than 15 micrograms of lead or if there is reason to believe that another Proposition 65 chemical is present which may require a cancer warning.
The Warning shall be securely attached or printed on the container or label of each Covered Product. If the Warning is provided on the label, it must be set off from other surrounding information and enclosed in a box.
For any Covered Product sold over the internet, the Warning shall appear on the checkout page when a California delivery address is indicated. An asterisk (or other identifying method) must be used to identify which products on the checkout page are subject to the Warning. The Warning should never be contained through a link.
The Warning shall be at least the same size as the largest of any other health or safety warnings also appearing on the website, label, or container of the product packaging.The word "WARNING" shall be in all capital letters and in bold print. No statements intended to diminish the impact of the Warning should accompany the Warning.
No statements may accompany the Warning that state or imply that the source of the listed chemical results in a less harmful effect.
The Warning must be clear and visible compared to other words, statements, or designs on the label, container or website. This way, it is likely to be read and understood by the average person purchasing the products.
Within one year, PERVINE/BAKERY will arrange for lead testing of the Covered Products at least once a year for a minimum of five consecutive years. This is done by arranging for the testing of five randomly selected samples of each of the Covered Products they plan to distribute in California.
If tests conducted demonstrate that no Warning is required for a Covered Product during each of five consecutive years, then the testing requirements will no longer be required. However, if during or after the five-year testing period, PERVINE/BAKERY changes ingredient suppliers for any of the Covered Products and/or reformulates any of the Covered Products, PERVINE/BAKERY must test that Covered Product within 60 days to confirm compliance in addition to the annual testing required.
If you want to read the whole Pervine settlement, click here.
Do you want to know if your products are safe and in compliance with Proposition 65? Submit a product to be tested!
If you have any other questions or want any more information about Environmental Research Center or Proposition 65, head over to our website.