Flavcity
After testing products from Flavcity we found 8 products that we allege to violate Proposition 65 regarding alleged heavy metal contamination. Below is the timeline of events of the case between ERC and FlavCity Corp. DTBE LLC, individually and dba FlavCity.
Notice of Violation I
On April 24, 2025, the Environmental Research Center filed a Notice of Violation of California Law Proposition 65, against Flavcity.
In this action, ERC alleges that these specific products, manufactured, distributed, or sold by Flavcity contain lead and/or cadmium, chemicals listed under Proposition 65 as developmental toxins and known to cause cancer. They expose consumers to levels requiring a Proposition 65 warning.
The products under investigation are:
FlavCity Plant Based Chocolate Peanut Butter All-In-One Vegan Protein Smoothie – Lead, Cadmium
FlavCity Plant Based Coconut Cream Cold Brew All-In-One Vegan Protein Smoothie - Lead
FlavCity Vanilla Latte All-In-One Protein Smoothie Powder - Lead
FlavCity Chocolate All-In-One Protein Smoothie – Lead, Cadmium
FlavCity Chocolate Peanut Butter All-In-One Protein Smoothie – Lead, Cadmium
Notice of Violation II
On May 6, 2025, the Environmental Research Center filed a Notice of Violation of California Law Proposition 65, against Flavcity.
In this action, ERC alleges that these specific products, manufactured, distributed, or sold by Flavcity contain lead and/or cadmium, chemicals listed under Proposition 65 as developmental toxins and known to cause cancer. They expose consumers to levels requiring a Proposition 65 warning.
The products under investigation are:
FlavCity Brownie Batter All-In-One Protein Smoothie – Lead, Cadmium
FlavCity Plant Based Vanilla Cream All-In-One Vegan Protein Smoothie - Lead
FlavCity Butter Coffee All-In-One Protein Smoothie - Lead
Civil Complaint
On July 15, 2025, the Environmental Research Center filed a Civil Complaint against FlavCity Corp.; DTBE LLC, dba FlavCity. To view the full civil complaint, click here.
Type of Claim:
Failure to Warn
Relief Sought:
Warning
Civil Penalty
Injunctive and Declaratory Relief
Settlement
A settlement was reached on February 6, 2026. In full satisfaction of all potential civil penalties, additional settlement payments, attorney's fees, and costs, FlavCity Corp., DTBE LLC, individually and dba FlavCity, shall pay $300,000.00 in total.
Injunctive Relief:
Beginning on the Effective Date, to the extent that FlavCity or DTBE qualify as a "Person in the course of doing business," as the term is defined in Health & Safety Code Section 25249.11(b) (2025), the Settling Defendant or Settling Defendants that qualify as a "Person in the course of ding business," 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 any Cadmium Covered Product that exposes a person to a "Daily Cadmium Exposure Level" of more than 4.1 micrograms of cadmium per day unless it meets the warning requirements under Section 3.2.
If you want to read the Flavcity settlement, click here.
Corrected Settlement
A settlement was reached on February 17, 2026. In full satisfaction of all potential civil penalties, additional settlement payments, attorney's fees, and costs, FlavCity Corp., DTBE LLC, individually and dba FlavCity, shall pay $300,000.00 in total.
Injunctive Relief:
Beginning on the Effective Date, to the extent that either FlavCity or DTBE qualify as a "Person in the course of doing business," as defined in Health & Safety Code Section 25249.11 (b) (2025), the Settling Defendant or Settling Defendants that quality as a "Person in the course of doing business," 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 any Cadmium Covered Product that exposes a person to a "Daily Cadmium Exposure Level" of more than 4.1 micrograms of cadmium per day unless it meets the warning requirements under Section 3.2.
If you want to read the corrected Flavcity settlement, click here.
