In a recent court filing, Gabriel Espinoza has lodged a complaint against Andes Harvest Inc. and Grocery Outlet Inc., alleging violations of California's Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65. The complaint was filed on May 23, 2024, in the Superior Court of California, County of San Francisco.
Espinoza's complaint centers around the sale and distribution of turmeric matcha powders (UPC #850004867839) by the defendants, which allegedly contain lead—a chemical recognized by the State of California to cause cancer and reproductive toxicity. According to the plaintiff, these products were sold without providing clear and reasonable warnings about the potential health hazards associated with lead exposure, as mandated by Proposition 65.
The lawsuit claims that lead has been listed under Proposition 65 since October 1, 1992, for its carcinogenic properties and since February 27, 1987, for causing birth defects or other reproductive harm. Under Proposition 65 regulations, businesses operating in California or selling products within the state must label any product containing such chemicals if exposure levels exceed safe harbor limits. Failure to do so can result in civil penalties up to $2,500 per day per violation.
Espinoza alleges that both Andes Harvest Inc. and Grocery Outlet Inc. have knowingly distributed and sold these turmeric matcha powders without providing the necessary warnings about lead exposure. The complaint states that tests conducted on June 29, 2023, confirmed the presence of lead in these products at levels requiring a warning under Proposition 65 guidelines.
The plaintiff is seeking multiple forms of relief from the court: civil penalties amounting to $2,500 per day for each violation (up to a maximum penalty of $912,000), preliminary and permanent injunctions mandating proper labeling on the products in question, and an award for attorney’s fees estimated at $50,000.
Representing Espinoza are attorneys Evan J. Smith and Ryan P. Cardona from Brodsky Smith law firm based in Beverly Hills. The case has been assigned Case No.: CGC-24-61490.