After testing products from FNX Sport L.L.C., we found five products we allege to be in violation of Proposition 65 in regards to lead contamination. Below is the timeline of events of the case between ERC and FNX Sport L.L.C.


NOTICE

On December 23, 2021, the Environmental Research Center filed a Notice of Violation of California Law Proposition 65, against FNX Sport L.L.C.

In this action, ERC alleges that five specific products manufactured, distributed, or sold by FNX Sport L.L.C., contain lead, a chemical listed under Proposition 65 as a carcinogen and reproductive toxin, and expose consumers to levels requiring a Proposition 65 warning. 

The products under investigation are: 

1. FNX Rebalance Super Greens Unicorn Punch - Lead
2. FNX Rebalance Super Greens Strawberry Dragonfruit - Lead
3. FNX Restart AM Protein Blend Chocolate Donut - Lead
4. FNX Refuel Whey Protein Blend Mint Chocolate Truffle - Lead
5. FNX Refuel Whey Protein Blend Chocolate Malt - Lead


NOTICE II

On December 31, 2021, the Environmental Research Center filed a Notice of Violation of California Law Proposition 65, against FNX Sport L.L.C.

In this action, ERC alleges that three specific products manufactured, distributed, or sold by FNX Sport L.L.C., contain lead, cadmium and mercury, chemicals listed under Proposition 65 as carcinogens and reproductive toxins, and expose consumers to levels requiring a Proposition 65 warning. 

The products under investigation are: 

1. FNX Refuel Whey Protein Blend Peanut Butter Cup - LEAD
2. FNX Resilience Collagen Protein Brownie Batter - LEAD, MERCURY, CADMIUM
3. FNX Refuel Whey Protein Blend Mint Chocolate Chip - LEAD


COMPLAINT

ERC filed a Civil Complaint on March 4, 2022.


SETTLEMENT

A settlement was reached on January 12, 2023. In full satisfaction of all potential civil penalties, additional settlement payments, attorney's fees, and costs, FNX Sport L.L.C. shall make a total payment of $100,000.00 to ERC.

CORRECTIVE ACTION

Beginning on the Effective Date, FNX Sport shall be permanently enjoined from California Sales (as defined in Section 3.1.1. below) of any Covered Product that exposes a person to a “Daily Lead Exposure Level” of more than 0.5 micrograms of lead per day and/or and/or “Daily Cadmium Exposure Level” of more than 4.1 micrograms of cadmium per day and/or “Daily Mercury Exposure Level” of more than 0.3 micrograms of mercury per day unless it meets the warning requirements under Section 3.2. 

If you want to read the FNX Sport L.L.C. 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! 

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