88 Acres Foods, Inc.
After testing products from 88 Acres Foods, Inc., we found one product 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 88 Acres Foods, Inc.
NOTICE
On February 23, 2022, the Environmental Research Center filed a Notice of Violation of California Law Proposition 65, against 88 Acres Foods, Inc.
In this action, ERC alleges that one specific product manufactured, distributed, or sold by 88 Acres Foods, Inc., contains cadmium, a chemical listed under Proposition 65 as a carcinogen and reproductive toxin, and exposes consumers to levels requiring a Proposition 65 warning.
The product under investigation is:
1. 88 Acres Rich 'N' Bold Double Dark Chocolate Seed + Oat Bar
NOTICE II
On March 4, 2022, the Environmental Research Center filed a Notice of Violation of California Law Proposition 65, against 88 Acres Foods, Inc.
In this action, ERC alleges that one specific product manufactured, distributed, or sold by 88 Acres Foods, Inc., contains cadmium and lead, chemicals listed under Proposition 65 as carcinogens and reproductive toxins, and exposes consumers to levels requiring a Proposition 65 warning.
The product under investigation is:
1. 88 Acres Sweet 'N' Salty Dark Chocolate Sea Salt Seed + Oat Bar
NOTICE III
On December 29, 2022, the Environmental Research Center filed a Notice of Violation of California Law Proposition 65, against 88 Acres Foods, Inc.
In this action, ERC alleges that three specific products manufactured, distributed, or sold by 88 Acres Foods, Inc., contain cadmium, 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. 88 Acres Simple 'N' Smooth Sunflower Seed Butter
2. 88 Acres Bold 'N' Smooth Vanilla Cinnamon Sunflower Seed Butter
3. 88 Acres Rich 'N' Smooth Dark Chocolate Sunflower Seed Butter
SETTLEMENT
A settlement was reached on January 17, 2023. In full satisfaction of all potential civil penalties, additional settlement payments, attorney's fees, and costs, Mamma Chia, LLC shall make a total payment of $90,000.00 to ERC.
CORRECTIVE ACTION
Beginning 30 days after the Effective Date (the “Compliance Date”), but not before May 1, 2023 Mamma Chia shall be permanently enjoined from manufacturing for sale in the State of California, “Distributing into the State of California,” or directly selling in the State of California, 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 “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 Mamma Chia, LLC 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!