After testing products from Olipop Inc., we found 17 products we allege to violate Proposition 65 regarding heavy metal contamination. Below is the timeline of the case between ERC and Olipop Inc.


NOTICE I

On January 12, 2024, the Environmental Research Center filed a Notice of Violation of California Law Proposition 65, against Olipop Inc.

In this action, ERC alleges that two specific products, manufactured, distributed, or sold by Olipop Inc., 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. Olipop Classic Grape - Lead

  2. Olipop Classic Root Beer – Lead


NOTICE II

On January 19, 2024, the Environmental Research Center filed a Notice of Violation of California Law Proposition 65, against Olipop Inc.

In this action, ERC alleges that five specific products, manufactured, distributed, or sold by Olipop Inc., 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. Olipop Tropical Punch - Lead

  2. Olipop Doctor Goodwin - Lead

  3. Olipop Cream Soda - Lead

  4. Olipop Lemon Lime - Lead

  5. Olipop Orange Squeeze – Lead


NOTICE III

On May 24, 2024, the Environmental Research Center filed a Notice of Violation of California Law Proposition 65, against Olipop Inc.

In this action, ERC alleges that one specific product, manufactured, distributed, or sold by Olipop Inc., contains lead and mercury, chemicals listed under Proposition 65 as carcinogens and reproductive toxins, exposing consumers to levels requiring a Proposition 65 warning. 

The products under investigation are:

  1. Olipop Vintage Cola - Lead, Mercury


NOTICE IV

On July 26, 2024, the Environmental Research Center filed a Notice of Violation of California Law Proposition 65, against Olipop Inc.

In this action, ERC alleges that five specific products, manufactured, distributed, or sold by Olipop Inc., contain lead and mercury, chemicals listed under Proposition 65 as carcinogens and reproductive toxins, exposing consumers to levels requiring a Proposition 65 warning. 

The products under investigation are:

  1. Olipop Strawberry Vanilla - Lead, Mercury

  2. Olipop Cherry Cola - Lead, Mercury

  3. Olipop Ginger Lemon - Lead

  4. Olipop Barbie Peaches & Cream - Lead, Mercury

  5. Olipop Ginger Ale – Lead, Mercury


NOTICE V

On August 14, 2024, the Environmental Research Center filed a Notice of Violation of California Law Proposition 65, against Olipop Inc.

In this action, ERC alleges that five specific products, manufactured, distributed, or sold by Olipop Inc., contain lead and mercury, chemicals listed under Proposition 65 as carcinogens and reproductive toxins, exposing consumers to levels requiring a Proposition 65 warning. 

The products under investigation are:

  1. Olipop Crisp Apple – Lead, Mercury

  2. Olipop Cherry Vanilla – Lead, Mercury

  3. Olipop Banana Cream – Lead, Mercury

  4. Olipop Watermelon Lime – Lead, Mercury


CIVIL COMPLAINT

On October 24, 2024, the Environmental Research Center filed a Civil Complaint against Olipop Inc. 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 December 9, 2024. In full satisfaction of all potential civil penalties, additional settlement payments, attorney's fees, and costs, Olipop Inc. shall pay $75,000.00 in total.

Injunctive Relief: 

Beginning on the Effective Date, Olipop shall manufacture for sale in the State of California, “Distribute into the State of California,” or directly sell in the State of California, only Lead Covered Products and Mercury Covered Products that are Conforming Covered Products, as set forth in Section 3.3, unless the Lead Covered Product and/or Mercury Covered Product meets the warning requirements under Section 3.2.

If you want to read the Olipop Inc. settlement, click here. 

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