Irwin Naturals to Pay $2.65 Million in Prop 65 Case

February 11, 2011

A Los Angeles-based supplier of dietary supplements has reportedly reached a $2.65 million settlement with a California task force that accused the company of mislabeling or falsely advertising seven of its products.

Irwin Naturals (Los Angeles), a supplier of dietary supplements, has reportedly reached a $2.65 million settlement with a California task force that accused the company of mislabeling or falsely advertising seven of its products.

The investigation primarily relates to Proposition 65, a California law which requires a product containing identifiable amounts of chemicals or heavy metals to use a warning label.

Reports indicate that, while a California District Attorney task force could not identify any unsafe amount of lead in the company’s products, the task force claims that the company did not run a “proper lead warning label” required of Proposition 65. Reports also state that the company failed to refund consumers who met its refund policy.

The products in question were not recalled or reformulated as a result of the investigation.

“In the settlement, the company is required to pay $1.95 million in penalties to help enforce state consumer protection laws, and $100,000 in restitution to people who did not receive refunds,” reports the Orange County Register. “A total of $600,000 is also expected to be paid for investigative costs, according to a statement released by the Orange County District Attorney's office.”

While Proposition 65 requires a warning label for risk of exposure to heavy metals, heavy metal levels deemed unsafe are said to be much higher than the levels that actually require the warning label.