My Protein
Below is the timeline of events of the case between ERC and MyProtein.
Notice of Violation I
On May 13, 2019, Environmental Research Center filed a Notice of Violation of California Law Proposition 65, against Cend International dba MyProtein.
In this action, ERC alleges that 29 specific products manufactured, distributed, or sold by Ancient Nutrition contain lead and/or cadmium, chemicals listed under Proposition 65 as carcinogens and reproductive toxins, and expose consumers to levels requiring a Proposition 65 warning. Products in regular text contain lead, and the product containing both lead and cadmium is in italics.
These products are:
MyProtein Impact Whey Protein Mocha
MyProtein Fuel Your Ambition Hard Gainer Extreme Unflavored
MyProtein Fuel Your Ambition Vegan Superfood Blend Chocolate Naturally Flavored
MyProtein Fuel Your Ambition Vegan Superfood Blend Vanilla Naturally Flavored
MyProtein Fuel Your Ambition Pea Protein Vanilla Naturally Flavored
MyProtein Fuel Your Ambition Soy Protein Vanilla Naturally Flavored
MyProtein Fuel Your Ambition Soy Protein Isolate Chocolate Naturally Flavored
MyProtein Total Oats And Whey Vanilla
MyProtein Total Oats And Whey Unflavored
MyProtein Fuel Your Ambition Protein Ice Cream Mix Banana
MyProtein Vegan Superfood Blend Chocolate
MyProtein Vegan Superfood Blend Vanilla
MyProtein Fuel Your Ambition Vegan Blend Vanilla Naturally Flavored
MyProtein Fuel Your Ambition Impact Weight Gainer Chocolate Smooth
MyProtein Weight Gainer Blend Strawberry Cream
MyProtein Impact Weight Gainer Unflavored
MyProtein Fuel Your Ambition Bedtime Extreme Strawberry Cream Naturally & Artificially Flavored
MyProtein Bedtime Extreme Vanilla Naturally & Artificially Flavored
MyProtein Pea Protein Chocolate Naturally Flavored
MyProtein Fuel Your Ambition Impact Whey Protein Chocolate Mint Naturally & Artificially Flavored
MyProtein Fuel Your Ambition Impact Whey Protein Chocolate Smooth Naturally & Artificially Flavored
MyVegan Soy Protein Isolate Unflavored
MyVegan Soy Protein Isolate Chocolate Naturally Flavored
MyVegan Brown Rice Protein Chocolate Naturally Flavored
MyProtein Vegan Protein Blend Chocolate Naturally Flavored
MyProtein Impact Whey Protein Vanilla Naturally & Artificially Flavored
MyProtein Fuel Your Ambition Impact Whey Protein Chocolate Naturally Flavored
MyProtein Fuel Your Ambition Brown Rice Protein Vanilla Naturally Flavored
MyProtein Fuel Your Ambition Brown Rice Protein Chocolate Naturally Flavored
Notice of Violation II
On June 11, 2019, Environmental Research Center filed a Notice of Violation of California Law Proposition 65, against Cend International dba MyProtein.
In this action, ERC alleges that two specific products manufactured, distributed, or sold by Ancient Nutrition contain lead, a chemical listed under Proposition 65 as a carcinogen and reproductive toxin, and expose consumers to a level requiring a Proposition 65 warning.
These products are:
MyProtein Fuel Your Ambition Impact Protein Blend Salted Caramel
MyProtein Impact Protein Blend Cookies & Cream Naturally and Artificially Flavored
Civil Complaint
On September 3, 2019, the Environmental Research Center filed a Civil Complaint against The Hut Group Limited dba MyProtein. To view the full civil complaint, click here.
Type of Claim:
Failure to Warn
Relief Sought:
Warning
Civil Penalty
If you want to read the FULL MyProtein settlement, including corrective action click here.
Settlement
A settlement was reached on June 09, 2020. In full satisfaction of all potential civil penalties, additional settlement payments, attorney's fees, and costs, The Hut Group Limited dba MyProtein, shall pay $198,000.00 in total.
Injunctive Relief:
Warning
Payment in Lieu of Penalty:
$ 60,329.00 ($60,329.18 shall be distributed to ERC as an Additional Settlement Payment (“ASP”), pursuant to California Code of Regulations, title 11, sections 3203, subdivision (d) and 3204. ERC will utilize the ASP for activities that address the same public harm as allegedly caused by defendants in this matter. These activities are detailed below and support ERC’s overarching goal of reducing and/or eliminating hazardous and toxic chemicals in dietary supplement products in California. ERC’s activities have had, and will continue to have, a direct and primary effect within the State of California because California consumers will be benefitted by the reduction and/or elimination of exposure to lead and/or cadmium in dietary supplements and/or by providing clear and reasonable warnings to California consumers prior to ingestion of the products. Based on a review of past years’ actual budgets, ERC is providing the following list of activities ERC engages in to protect California consumers through Proposition 65 citizen enforcement, along with a breakdown of how ASP funds will be utilized to facilitate those activities: (1) ENFORCEMENT (65-80%): obtaining, shipping, analyzing, and testing dietary supplement products that may contain lead and/or cadmium and are sold to California consumers. This work includes continued monitoring and enforcement of past consent judgments and settlements to ensure companies are in compliance with their obligations thereunder, with a specific focus on those judgments and settlements concerning lead and/or cadmium. This work also includes investigation of new companies that ERC does not obtain any recovery through settlement or judgment; (2) VOLUNTARY COMPLIANCE PROGRAM (10-20%): maintaining ERC’s Voluntary Compliance Program by acquiring products from companies, developing and maintaining a case file, testing products from these companies, providing the test results and supporting documentation to the companies, and offering guidance in warning or implementing a self-testing program for lead and/or cadmium in dietary supplement products; and (3) “GOT LEAD” PROGRAM (up to 5%): maintaining ERC’s “Got Lead?” Program which reduces the numbers of contaminated products that reach California consumers by providing access to free testing for lead in dietary supplement products (Products submitted to the program are screened for ingredients which are suspected to be contaminated, and then may be purchased by ERC, catalogued, sent to a qualified laboratory for testing, and the results shared with the consumer that submitted the product). ERC shall be fully accountable in that it will maintain adequate records to document and will be able to demonstrate how the ASP funds will be spent and can assure that the funds are being spent only for the proper, designated purposes described in this Consent Judgment. ERC shall provide the Attorney General, within thirty days of any request, copies of documentation demonstrating how such funds have been spent. )
Judgment
A judgment was reached on September 8, 2020. In full satisfaction of all potential civil penalties, additional settlement payments, attorney's fees, and costs, The Hut Group Limited dba MyProtein, shall pay $198,000.00 in total.
Injunctive Relief:
Warning
Is Judgment Pursuant to Settlement?
Yes