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August 28, 2024 - OAKLAND – California Attorney General Rob Bonta on Tuesday announced a settlement with Mead Johnson Nutrition Co. and Mead Johnson & Co., LLC (together, Mead Johnson), resolving allegations that Mead Johnson sold infant and toddler formulas without the required warnings for exposure to lead, a violation of Proposition 65 and the Unfair Competition Law. As part of the settlement, Mead Johnson will pay nearly $2 million, consisting of payments for the violations, reimbursement of a portion of the People’s and a private enforcer’s costs, and funding for a supplemental environmental project designed to reduce other sources of lead exposure. Mead Johnson also must maintain the now-reduced lead levels in the formula products sold in California that the People’s 2018 complaint alleged had exceeded the level requiring a Proposition 65 warning. Attorney General Bonta is joined in the settlement by the District Attorneys of the counties of Alameda, Marin, Monterey, Napa, Orange, San Francisco, Santa Clara, Santa Cruz, Shasta, Solano, and Sonoma.
“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, including food and drug manufacturers, are accountable under state environmental and consumer laws. Mead Johnson has worked with us to ensure that the lead levels in its formula products are kept as low as possible, and it has also agreed to fund a supplemental environmental project to help keep families from being exposed to lead. I appreciate the partnership of the District Attorneys’ Offices across our State that led to this important settlement.”
“My office is committed to reducing lead exposure by California consumers, and this settlement marks an important milestone in those efforts,” said San Francisco District Attorney Brooke Jenkins. “In addition to establishing a maximum lead level that is lower than other applicable standards, the judgment also sets aside funds to help financially eligible families reduce their exposure to lead. I want to thank my fellow district attorneys and our partners at the Attorney General’s Office for their hard work on this case. I also wish to acknowledge Mead Johnson’s cooperation, including the prompt steps it took to address our concerns.”
“Alameda County residents deserve to have safe drinking water. This judgment creates strong new protections and provides funds to assist eligible families in reducing their potential lead exposures. I am very pleased to be a part of this impactful litigation,” said Alameda District Attorney Pamela Price.
“Proposition 65 requires important warnings so California consumers are on notice if a product contains chemicals, such as lead, that the state has determined may be harmful,” said Sonoma County District Attorney Carla Rodriguez. “In this case we were able to work collaboratively with Mead Johnson to quickly reformulate their product to reduce levels of lead and to ensure that they continue to monitor these levels going forward. Mead Johnson also agreed to fund a project to provide water filters to reduce lead exposure for families that meet the financial eligibility criteria. We appreciate the partnership with the Attorney General and the other District Attorney Offices and the commitment of resources to address this important issue. We also appreciate the cooperation of Mead Johnson in resolving this matter.”
The settlement resulted from an investigation conducted by the People of over 50 brands of formula sold into California. The investigation found that Mead Johnson’s products contained lead at levels that required a warning for reproductive harm under Proposition 65, and that Mead Johnson had failed to provide such warnings, thereby violating both Proposition 65 and the Unfair Competition Law.
After being notified of the results of the People’s investigation, Mead Johnson agreed to work with the Department of Justice and its District Attorney colleagues to take the steps necessary to minimize the lead levels in its products. Thereafter, Mead Johnson implemented numerous changes to bring its products’ lead levels below the threshold that would trigger the requirement for Proposition 65 warnings, including changing the sourcing of certain ingredients.
The settlement resolves the People’s allegations and those of a private Proposition 65 enforcer, Community Science Institute. It requires Mead Johnson to pay a total of $850,000 pursuant to Proposition 65 and the Unfair Competition Law, $470,000 in reimbursement of attorneys’ fees and costs, and $850,000 for a supplemental environmental project targeted at reducing levels of lead in Californians’ home drinking water. The settlement also imposes injunctive terms, including the requirement that Mead Johnson consult with an independent food quality auditor and conduct compliance testing to ensure that lead levels in its formula products are minimized.
A copy of the settlement can be found here.
Source: CA. DOJ
