California Attorney General Rob Bonta announced a settlement with Mead Johnson Nutrition Co. and Mead Johnson & Co., LLC, resolving allegations that the company sold infant and toddler formulas without the required warnings for lead exposure, in violation of Proposition 65 and the Unfair Competition Law. As part of the settlement, Mead Johnson will pay nearly $2 million, which includes payments for violations, reimbursement of costs to the People’s and a private enforcer's expenses, and funding for a supplemental environmental project aimed at reducing other sources of lead exposure.
Mead Johnson is also required to maintain reduced lead levels in its formula products sold in California. The initial complaint from 2018 alleged that these products exceeded the level necessitating a Proposition 65 warning. Attorney General Bonta was joined by District Attorneys from Alameda, Marin, Monterey, Napa, Orange, San Francisco, Santa Clara, Santa Cruz, Shasta, Solano, and Sonoma counties.
“Prior to the filing of the People’s complaint, several of Mead Johnson’s infant and toddler formula products had been exposing children to elevated lead levels without a Proposition 65 warning,” said Attorney General Bonta. “Let today’s settlement send a clear message that my office will work to ensure that corporations are accountable under state environmental and consumer laws."
San Francisco District Attorney Brooke Jenkins stated: “My office is committed to reducing lead exposure by California consumers... I want to thank my fellow district attorneys and our partners at the Attorney General’s Office for their hard work on this case.”
Alameda District Attorney Pamela Price remarked: “Alameda County residents deserve to have safe drinking water... I am very pleased to be a part of this impactful litigation.”
Sonoma County District Attorney Carla Rodriguez added: “Proposition 65 requires important warnings so California consumers are on notice if a product contains chemicals... In this case we were able to work collaboratively with Mead Johnson.”
The investigation conducted by authorities found that over 50 brands of formula sold into California contained lead at levels requiring warnings for reproductive harm under Proposition 65. After being notified about these findings, Mead Johnson agreed to collaborate with state authorities to minimize lead levels in its products.
The settlement mandates that Mead Johnson pay $850,000 under Proposition 65 and the Unfair Competition Law; $470,000 in attorneys’ fees and costs; and $850,000 towards an environmental project targeting reduced lead levels in Californians’ home drinking water. Additionally, injunctive terms require consultation with an independent food quality auditor and compliance testing.
A copy of the settlement can be found here.
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