TOSI
Below is the timeline of events of the case between ERC and Simple Health LLC, individually and dba Tosi.
notice I
On October 15, 2020, Environmental Research Center filed a Notice of Violation of California Law Proposition 65, against Simple Health LLC, individually and dba Tosi.
In this action, ERC alleges that one specific product manufactured, distributed, or sold by Simple Health LLC, individually and dba Tosi contains lead, a chemical listed under Proposition 65 as a carcinogen and reproductive toxin, and exposes consumers to lead at a level requiring a Proposition 65 warning. Lead is alleged in the product listed below.
The product is:
1. Tosi Super Greens
complaint
ERC filed a Civil Complaint on April 7, 2021.
notice II
On April 20, 2021, Environmental Research Center filed a Notice of Violation of California Law Proposition 65, against Simple Health LLC, individually and dba Tosi.
In this action, ERC alleges that TWO specific products manufactured, distributed, or sold by Simple Health LLC, individually and dba Tosi contain lead, a chemical listed under Proposition 65 as a carcinogen and reproductive toxin, and exposes consumers to lead at a level requiring a Proposition 65 warning. Lead is alleged in the products listed below.
The products are:
1. Complete Chocolate Meal
2. Complete Vanilla Meal
notice III
On May 20, 2021, Environmental Research Center filed a Notice of Violation of California Law Proposition 65, against Simple Health LLC, individually and dba Tosi.
In this action, ERC alleges that TWO specific products manufactured, distributed, or sold by Simple Health LLC, individually and dba Tosi contain mercury, a chemical listed under Proposition 65 as a carcinogen and reproductive toxin, and exposes consumers to mercury at a level requiring a Proposition 65 warning. Mercury is alleged in the products listed below.
The products are:
1. Complete Chocolate Meal
2. Complete Vanilla Meal
notice V
On January 27, 2022, Environmental Research Center filed a Notice of Violation of California Law Proposition 65, against Simple Health LLC, individually and dba Tosi.
In this action, ERC alleges this specific product manufactured, distributed, or sold by Simple Health LLC, individually and dba Tosi contains Lead, a chemical listed under Proposition 65 as a carcinogen and reproductive toxin, and exposes consumers to Lead at a level requiring a Proposition 65 warning. Lead is alleged in the product listed below:
Tosi Super Pops Puffed Ancient Grains Snack Smoky BBQ
notice VI
On February 3, 2022, Environmental Research Center filed a Notice of Violation of California Law Proposition 65, against Simple Health LLC, individually and dba Tosi.
In this action, ERC alleges that this specific product manufactured, distributed, or sold by Simple Health LLC, individually and dba Tosi contains Lead, a chemical listed under Proposition 65 as a carcinogen and reproductive toxin, and exposes consumers to Lead at a level requiring a Proposition 65 warning. Lead is alleged in the product listed below:
Tosi Super Pops Puffed Ancient Grains Snack, Cinnamon Apple
notice VII
On February 17, 2022, Environmental Research Center filed a Notice of Violation of California Law Proposition 65, against Simple Health LLC, individually and dba Tosi.
In this action, ERC alleges that this specific product manufactured, distributed, or sold by Simple Health LLC, individually and dba Tosi contains Lead, a chemical listed under Proposition 65 as a carcinogen and reproductive toxin, and exposes consumers to Lead at a level requiring a Proposition 65 warning. Lead is alleged in the product listed below:
Tosi Super Pops Puffed Ancient Grains Snack, Everything
Civil Complaint
On April 29, 2022, the Environmental Research Center filed a Civil Complaint against Simple Health LLC. To view the full civil complaint, click here.
Type of Claim:
Failure to Warn
Relief Sought:
Warning
Civil Penalty
Injunctive and Declaratory Relief
supplemental Complaint
On May 5, 2022, the Environmental Research Center filed a Civil Complaint against Simple Health LLC. 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 September 6, 2024. In full satisfaction of all potential civil penalties, additional settlement payments, attorney's fees, and costs, Tosi shall pay $500.00 in total.
Injunctive Relief:
3.1 Beginning on the Effective Date, Tosi 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 unless it meets the warning requirements under Section 3.2.
If you want to read the Tosi settlement, click here.
judgement
A judgement was reached on March 19, 2024. In full satisfaction of all potential civil penalties, additional settlement payments, attorney's fees, and costs, Tosi shall pay $500.00 in total.
Injunctive Relief:
3.1 Beginning on the Effective Date, Tosi 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 unless it meets the warning requirements under Section 3.2.
If you want to read the Tosi judgement, click here.