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The Public Health Trust is currently managing the following settlements. Smokeless Tobacco
The settlement of a claim against U.S. Smokeless Tobacco Company for distribution of smokeless tobacco products at Pomona Raceway in Los Angeles County (People of the State of California v. U.S. Smokeless Tobacco Company) resulted in a $150,000 payment to the Public Health Trust. The funds are for the support of tobacco control education and outreach programs. Underground Storage Tanks Two settlements in Proposition 65 matters concerning leaking underground storage tanks (Communities for a Better Environment v. Tosco, Inc., et al.) provided a total of $250,000 to the California Attorney General for environmental projects. The funds were directed to the Public Health Trust to support projects addressing water quality issues in California. Project Advisory CouncilDietary Supplements The Napa County District Attorney's Office and a distributor of dietary supplements settled a claim involving the illegal distribution of ephedra-based products in California. Funds from the settlement support projects addressing nutrition issues in California. Mexican Soda Bottles with Decoration Containing Lead This settlement with PepsiCo, Inc. and Dr. Pepper/Seven Up, Inc. arose from a Proposition 65 lawsuit alleging the presence of toxic levels of lead and cadmium in materials used to decorate glass soda bottles (People of the State of California v. PepsiCo, Inc.; People of the State of California v. Dr. Pepper/Seven Up, Inc). Funds from the settlement support the following: monitoring retailers for continued sale of certain glass bottles; assisting small companies in retaining auditors to inspect their food production and processing activities; and supporting projects dedicated to the reduction of lead in Mexican food products. Lead in Mexican-style Candy This settlement was the result of a Proposition 65 lawsuit alleging the presence of toxic levels of lead in candy, specifically Mexican candies containing dried chilies. The funds under this settlement support the following: community education about lead poisoning and about potentially-harmful candy products; technical assistance to small candy producers working to comply with the requirements of the Consent Judgment; laboratory equipment to test Mexican candy; and the recruitment of Opt-In Defendants. Unlawful Distribution of Cigarettes and Cigarette Coupons on Public Grounds In People of State of California v. R.J. Reynolds Tobacco Company, the tobacco company was found to have violated a California law enacted in 1991 that prohibits tobacco companies from distributing free cigarettes in any public building or on any public grounds. The Public Health Trust was directed to use the settlement funds to suport tobacco control advocacy and education programs in California. Lead in Tableware This settlement is from three lawsuits alleging that defendants manufactured, distributed, and/or sold tableware products containing cadmium, lead, and/or lead compounds in California in violation of Proposition 65. The funds supported health protection and promotion programs and testing of consumer products for the presence of reproductive toxicants and carcinogens. Mercury in Fish In April 2003, a Proposition 65 lawsuit was brought by the California Attorney General against several restaurants, restaurant chains and supermarkets for failure to properly warn consumers about exposure to mercury in fish and seafood. A settlement was reached in February 2005 requiring the settling parties to pay civil penalties and to fund programs to educate consumers concerning mercury in fish and seafood and to monitor compliance with the injunctive relief portions of the settlement concerning the posting of warning signs. Metals in Herbal Supplements This settlement was the result of a Proposition 65 lawsuit alleging the presence of toxic levels of heavy metals in traditional Chinese medicines and herbal supplements. The funds support work to increase community awareness of safety issues concerning herbal products and the health hazards posed by exposure to heavy metals contained in such products.
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