2015-01270S6981.Pdf

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EXHIBIT “A” WRAITH LAW 24422 AVENIDA DE LA CARLOTA SUITE 400 LAGUNA HILLS, CA 92653 Tel (949) 452-1234 Fax (949) 452-1102

December 16, 2015

NOTICE OF VIOLATIONS OF CALIFORNIA HEALTH & SAFETY CODE SECTION 25249.5 ET SEQ. (PROPOSITION 65)

Dear Alleged Violators and the Appropriate Public Enforcement Agencies:

I represent Environmental Research Center, Inc. (“ERC”), 3111 Camino Del Rio North, Suite 400, San Diego, CA 92108; Tel. (619) 500-3090. ERC’s Executive Director is Chris Heptinstall. ERC is a California non-profit corporation dedicated to, among other causes, helping safeguard the public from health hazards by bringing about a reduction in the use and misuse of hazardous and toxic chemicals, facilitating a safe environment for consumers and employees, and encouraging corporate responsibility.

ERC has identified violations of California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (“Proposition 65”), which is codified at California Health & Safety Code §25249.5 et seq., with respect to the products identified below. These violations have occurred and continue to occur because the alleged Violators identified below failed to provide required clear and reasonable warnings with these products. This letter serves as a notice of these violations to the alleged Violators and the appropriate public enforcement agencies. Pursuant to Section 25249.7(d) of the statute, ERC intends to file a private enforcement action in the public interest 60 days after effective service of this notice unless the public enforcement agencies have commenced and are diligently prosecuting an action to rectify these violations.

General Information about Proposition 65. A copy of a summary of Proposition 65, prepared by the Office of Environmental Health Hazard Assessment, is attached with the copy of this letter served to the alleged Violators identified below.

Alleged Violators. The names of the companies covered by this notice that violated Proposition 65 (hereinafter the “Violators”) are:

Grenade (USA), LLC Grenade (UK) Ltd.

Consumer Products and Listed Chemical. The products that are the subject of this notice and the chemical in those products identified as exceeding allowable levels are:

1. Grenade US Grenade Hydra 6 Chocolate Charge - Lead 2. Grenade US Grenade Hydra 6 Strawberry Siege - Lead 3. Grenade Thermo Detonator - Lead 4. Grenade (US) Grenade .50 Caliber K.O. Punch - Lead 5. Grenade (US) Grenade .50 Caliber Orange Onslaught - Lead Notice of Violations of California Health & Safety Code §25249.5 et seq. December 16, 2015 Page 2

On February 27, 1987, the State of California officially listed lead as a chemical known to cause developmental toxicity, and male and female reproductive toxicity. On October 1, 1992, the State of California officially listed lead and lead compounds as chemicals known to cause cancer.

It should be noted that ERC may continue to investigate other products that may reveal further violations and result in subsequent notices of violations.

Route of Exposure. The consumer exposures that are the subject of this notice result from the purchase, acquisition, handling and recommended use of these products. Consequently, the primary route of exposure to this chemical has been and continues to be through ingestion, but may have also occurred and may continue to occur through inhalation and/or dermal contact.

Approximate Time Period of Violations. Ongoing violations have occurred every day since at least December 16, 2012, as well as every day since the products were introduced into the California marketplace, and will continue every day until clear and reasonable warnings are provided to product purchasers and users or until this known toxic chemical is either removed from or reduced to allowable levels in the products. Proposition 65 requires that a clear and reasonable warning be provided prior to exposure to the identified chemical. The method of warning should be a warning that appears on the product label. The Violators violated Proposition 65 because they failed to provide persons handling and/or using these products with appropriate warnings that they are being exposed to this chemical.

Consistent with the public interest goals of Proposition 65 and a desire to have these ongoing violations of California law quickly rectified, ERC is interested in seeking a constructive resolution of this matter that includes an enforceable written agreement by the Violators to: (1) reformulate the identified products so as to eliminate further exposures to the identified chemical, or provide appropriate warnings on the labels of these products; (2) pay an appropriate civil penalty; and (3) provide clear and reasonable warnings compliant with Proposition 65 to all persons located in California who purchased the above products in the last three years. Such a resolution will prevent further unwarned consumer exposures to the identified chemical, as well as an expensive and time consuming litigation.

ERC has retained me as legal counsel in connection with this matter. Please direct all communications regarding this Notice of Violations to my attention at the law office address and telephone number indicated on the letterhead.

Sincerely,

______William F. Wraith

Attachments Certificate of Merit Certificate of Service OEHHA Summary (to Grenade (UK) Ltd., Grenade (USA), LLC and each Registered Agent for Service of Process only) Additional Supporting Information for Certificate of Merit (to AG only) Notice of Violations of California Health & Safety Code §25249.5 et seq. December 16, 2015 Page 3

CERTIFICATE OF MERIT

Re: Environmental Research Center, Inc.’s Notice of Proposition 65 Violations by Grenade (USA), LLC and Grenade (UK) Ltd.

I, William F. Wraith, declare:

1. This Certificate of Merit accompanies the attached 60-day notice in which it is alleged the parties identified in the notice violated California Health & Safety Code Section 25249.6 by failing to provide clear and reasonable warnings.

2. I am an attorney for the noticing party.

3. I have consulted with one or more persons with relevant and appropriate experience or expertise who have reviewed facts, studies, or other data regarding the exposure to the listed chemical that is the subject of the notice.

4. Based on the information obtained through those consultants, and on other information in my possession, I believe there is a reasonable and meritorious case for the private action. I understand that “reasonable and meritorious case for the private action” means that the information provides a credible basis that all elements of the plaintiff’s case can be established and that the information did not prove that the alleged Violators will be able to establish any of the affirmative defenses set forth in the statute.

5. Along with the copy of this Certificate of Merit served on the Attorney General is attached additional factual information sufficient to establish the basis for this certificate, including the information identified in California Health & Safety Code §25249.7(h)(2), i.e., (1) the identity of the persons consulted with and relied on by the certifier, and (2) the facts, studies, or other data reviewed by those persons.

Dated: December 16, 2015 ______William F. Wraith

Notice of Violations of California Health & Safety Code §25249.5 et seq. December 16, 2015 Page 4

CERTIFICATE OF SERVICE

I, the undersigned, declare under penalty of perjury under the laws of the State of California that the following is true and correct:

I am a citizen of the United States, over the age of 18 years of age, and am not a party to the within entitled action. My business address is 306 Joy Street, Fort Oglethorpe, Georgia 30742. I am a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at Fort Oglethorpe, Georgia.

On December 16, 2015, I served the following documents: NOTICE OF VIOLATIONS OF CALIFORNIA HEALTH & SAFETY CODE §25249.5 ET SEQ.; CERTIFICATE OF MERIT; “THE SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986 (PROPOSITION 65): A SUMMARY” on the following parties by placing a true and correct copy thereof in a sealed envelope, addressed to the party listed below and depositing it at a U.S. Postal Service Office with the postage fully prepaid for delivery by Certified Mail:

Current President or CEO Current President or CEO Grenade (UK) Ltd. Grenade (USA), LLC Unit 5 Spitfire Close 2385 NW Executive Center Drive, Coventry Business Park Suite 100 Coventry Boca Raton, FL 33431 CV5 6UR United Kingdom Sundoc Filings (Registered Agent for Grenade (USA), Current President or CEO LLC) Grenade (USA), LLC 874 Walker Road, Suite C 225 Episcopal Road Dover, DE 19904 Berlin, CT 06037 Gregg Madsen Current President or CEO (Registered Agent for Grenade (USA), Grenade (USA), LLC LLC) 3441 Gato Court 7 Penny Lane Riverside, CA 92507 Cranston, RI 02921

Current President or CEO Grenade (USA), LLC 7 Penny Lane Cranston, RI 02921

On December 16, 2015, I verified the following documents NOTICE OF VIOLATIONS, CALIFORNIA HEALTH & SAFETY CODE §25249.5 ET SEQ.; CERTIFICATE OF MERIT; ADDITIONAL SUPPORTING INFORMATION FOR CERTIFICATE OF MERIT AS REQUIRED BY CALIFORNIA HEALTH & SAFETY CODE §25249.7(d)(1) were served on the following party when a true and correct copy thereof was uploaded on the California Attorney General’s website, which can be accessed at https://oag.ca.gov/prop65/add-60-day-notice :

Office of the California Attorney General Prop 65 Enforcement Reporting 1515 Clay Street, Suite 2000 Oakland, CA 94612-0550

On December 16, 2015, I verified the following documents NOTICE OF VIOLATIONS, CALIFORNIA HEALTH & SAFETY CODE §25249.5 ET SEQ.; CERTIFICATE OF MERIT were served on the following parties when a true and correct copy thereof was sent via electronic mail to the parties listed below:

Notice of Violations of California Health & Safety Code §25249.5 et seq. December 16, 2015 Service List Page 6

District Attorney, Alameda District Attorney, Lake District Attorney, San Benito District Attorney, Trinity County County County County 1225 Fallon Street, Suite 900 255 N. Forbes Street 419 Fourth Street, 2nd Floor Post Office Box 310 Oakland, CA 94612 Lakeport, CA 95453 Hollister, CA 95023 Weaverville, CA 96093

District Attorney, Alpine District Attorney, Los District Attorney,San District Attorney, Tuolumne County Angeles County Bernardino County County P.O. Box 248 210 West Temple Street, 316 N. Mountain View 423 N. Washington Street Markleeville, CA 96120 Suite 18000 Avenue Sonora, CA 95370 Los Angeles, CA 90012 San Bernardino, CA 92415- District Attorney, Amador 0004 District Attorney, Yuba County District Attorney, Madera County 708 Court Street County District Attorney, San Diego 215 Fifth Street, Suite 152 Jackson, CA 95642 209 West Yosemite Avenue County Marysville, CA 95901 Madera, CA 93637 330 West Broadway, Suite District Attorney, Butte 1300 Los Angeles City Attorney's County District Attorney, Marin San Diego, CA 92101 Office 25 County Center Drive, County City Hall East Suite 245 3501 Civic Center Drive, District Attorney, San 200 N. Main Street, Suite Oroville, CA 95965 Room 130 Joaquin County 800 San Rafael, CA 94903 222 E. Weber Ave. Rm. 202 Los Angeles, CA 90012 District Attorney, Calaveras Stockton, CA 95202 County District Attorney, Mariposa San Diego City Attorney's 891 Mountain Ranch Road County District Attorney, San Luis Office San Andreas, CA 95249 Post Office Box 730 Obispo County 1200 3rd Avenue, Ste 1620 Mariposa, CA 95338 1035 Palm St, Room 450 San Diego, CA 92101 District Attorney, Colusa San Luis Obispo, CA 93408 County District Attorney, San Francisco, City Attorney 346 Fifth Street Suite 101 Mendocino County District Attorney, San Mateo City Hall, Room 234 Colusa, CA 95932 Post Office Box 1000 County 1 Dr Carlton B Goodlett PL Ukiah, CA 95482 400 County Ctr., 3rd Floor San Francisco, CA 94102 District Attorney, Del Norte Redwood City, CA 94063 County District Attorney, Merced San Jose City Attorney's 450 H Street, Room 171 County District Attorney, Santa Office Crescent City, CA 95531 550 W. Main Street Barbara County 200 East Santa Clara Street, Merced, CA 95340 1112 Santa Barbara Street 16th Floor District Attorney, El Dorado Santa Barbara, CA 93101 San Jose, CA 95113 County District Attorney, Modoc 515 Main Street County District Attorney, Santa Cruz Placerville, CA 95667 204 S Court Street, Room County 202 701 Ocean Street, Room 200 District Attorney, Fresno Alturas, CA 96101-4020 Santa Cruz, CA 95060 County 2220 Tulare Street, Suite District Attorney, Mono District Attorney, Shasta 1000 County County Fresno, CA 93721 Post Office Box 617 1355 West Street Bridgeport, CA 93517 Redding, CA 96001 District Attorney, Glenn County District Attorney, Monterey District Attorney, Sierra Post Office Box 430 County County Willows, CA 95988 Post Office Box 1131 PO Box 457 Salinas, CA 93902 Downieville, CA 95936 District Attorney, Humboldt County District Attorney, Nevada District Attorney, Siskiyou 825 5th Street 4th Floor County County Eureka, CA 95501 201 Commercial Street Post Office Box 986 Nevada City, CA 95959 Yreka, CA 96097 District Attorney, Imperial County District Attorney, Orange District Attorney, Solano 940 West Main Street, Ste County County 102 401 West Civic Center Drive 675 Texas Street, Ste 4500 El Centro, CA 92243 Santa Ana, CA 92701 Fairfield, CA 94533

District Attorney, Inyo District Attorney, Placer District Attorney, Stanislaus County County County 230 W. Line Street 10810 Justice Center Drive, 832 12th Street, Ste 300 Bishop, CA 93514 Ste 240 Modesto, CA 95354 Roseville, CA 95678 District Attorney, Kern District Attorney, Sutter County District Attorney, Plumas County 1215 Truxtun Avenue County 446 Second Street Bakersfield, CA 93301 520 Main Street, Room 404 Yuba City, CA 95991 Quincy, CA 95971 District Attorney, Kings District Attorney, Tehama County District Attorney, County 1400 West Lacey Boulevard Sacramento County Post Office Box 519 Hanford, CA 93230 901 “G” Street Red Bluff, CA 96080 Sacramento, CA 95814

EXHIBIT “B”

WRAITH LAW 24422 AVENIDA DE LA CARLOTA SUITE 400 LAGUNA HILLS, CA 92653 Tel (949) 452-1234 Fax (949) 452-1102

January 13, 2016

NOTICE OF VIOLATIONS OF CALIFORNIA HEALTH & SAFETY CODE SECTION 25249.5 ET SEQ. (PROPOSITION 65)

Dear Alleged Violators and the Appropriate Public Enforcement Agencies:

ERC has identified violations of California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (“Proposition 65”), which is codified at California Health & Safety Code §25249.5 et seq., with respect to the product identified below. These violations have occurred and continue to occur because the alleged Violators identified below failed to provide required clear and reasonable warnings with this product. This letter serves as a notice of these violations to the alleged Violators and the appropriate public enforcement agencies. Pursuant to Section 25249.7(d) of the statute, ERC intends to file a private enforcement action in the public interest 60 days after effective service of this notice unless the public enforcement agencies have commenced and are diligently prosecuting an action to rectify these violations.

Alleged Violators. The names of the companies covered by this notice that violated Proposition 65 (hereinafter the “Violators”) are:

Grenade (USA), LLC Grenade (UK) Ltd.

Consumer Product and Listed Chemical. The product that is the subject of this notice and the chemical in that product identified as exceeding allowable levels are:

Grenade USA LLC Grenade Carb Killa Caramel Chaos - Lead

Notice of Violations of California Health & Safety Code §25249.5 et seq. January 13, 2016 Page 2

It should be noted that ERC may continue to investigate other products that may reveal further violations and result in subsequent notices of violations.

Route of Exposure. The consumer exposures that are the subject of this notice result from the purchase, acquisition, handling and recommended use of this product. Consequently, the primary route of exposure to this chemical has been and continues to be through ingestion, but may have also occurred and may continue to occur through inhalation and/or dermal contact.

Approximate Time Period of Violations. Ongoing violations have occurred every day since at least January 13, 2013 as well as every day since the product was introduced into the California marketplace, and will continue every day until clear and reasonable warnings are provided to product purchasers and users or until this known toxic chemical is either removed from or reduced to allowable levels in the product. Proposition 65 requires that a clear and reasonable warning be provided prior to exposure to the identified chemical. The method of warning should be a warning that appears on the product label. The Violators violated Proposition 65 because they failed to provide persons handling and/or using this product with appropriate warnings that they are being exposed to this chemical.

Consistent with the public interest goals of Proposition 65 and a desire to have these ongoing violations of California law quickly rectified, ERC is interested in seeking a constructive resolution of this matter that includes an enforceable written agreement by the Violators to: (1) reformulate the identified product so as to eliminate further exposures to the identified chemical, or provide appropriate warnings on the labels of this product; (2) pay an appropriate civil penalty; and (3) provide clear and reasonable warnings compliant with Proposition 65 to all persons located in California who purchased the above product in the last three years. Such a resolution will prevent further unwarned consumer exposures to the identified chemical, as well as an expensive and time consuming litigation.

Sincerely,

______William F. Wraith Attachments Certificate of Merit Certificate of Service OEHHA Summary (to Grenade (USA), LLC, Grenade (UK) Ltd. and each Registered Agent for Service of Process only) Additional Supporting Information for Certificate of Merit (to AG only)

Notice of Violations of California Health & Safety Code §25249.5 et seq. January 13, 2016 Page 3

CERTIFICATE OF MERIT

Re: Environmental Research Center, Inc.’s Notice of Proposition 65 Violations by Grenade (USA), LLC and Grenade (UK) Ltd.

I, William F. Wraith, declare:

2. I am an attorney for the noticing party.

Dated: January 13, 2016 ______William F. Wraith

Notice of Violations of California Health & Safety Code §25249.5 et seq. January 13, 2016 Page 4

CERTIFICATE OF SERVICE

I, the undersigned, declare under penalty of perjury under the laws of the State of California that the following is true and correct:

On January 13, 2016, I served the following documents: NOTICE OF VIOLATIONS OF CALIFORNIA HEALTH & SAFETY CODE §25249.5 ET SEQ.; CERTIFICATE OF MERIT; “THE SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986 (PROPOSITION 65): A SUMMARY” on the following parties by placing a true and correct copy thereof in a sealed envelope, addressed to the party listed below and depositing it at a U.S. Postal Service Office with the postage fully prepaid for delivery by Certified Mail:

Current President or CEO Grenade (USA), LLC 7 Penny Lane Cranston, RI 02921

On January 13, 2016, I verified the following documents NOTICE OF VIOLATIONS, CALIFORNIA HEALTH & SAFETY CODE §25249.5 ET SEQ.; CERTIFICATE OF MERIT; ADDITIONAL SUPPORTING INFORMATION FOR CERTIFICATE OF MERIT AS REQUIRED BY CALIFORNIA HEALTH & SAFETY CODE §25249.7(d)(1) were served on the following party when a true and correct copy thereof was uploaded on the California Attorney General’s website, which can be accessed at https://oag.ca.gov/prop65/add-60-day-notice :

Office of the California Attorney General Prop 65 Enforcement Reporting 1515 Clay Street, Suite 2000 Oakland, CA 94612-0550

On January 13, 2016, I verified the following documents NOTICE OF VIOLATIONS, CALIFORNIA HEALTH & SAFETY CODE §25249.5 ET SEQ.; CERTIFICATE OF MERIT were served on the following parties when a true and correct copy thereof was sent via electronic mail to the party listed below:

Notice of Violations of California Health & Safety Code §25249.5 et seq. January 13, 2016 Service List Page 6

District Attorney, Alameda District Attorney, Lake San Bernardino, CA 92415- District Attorney, Yuba County County 0004 County 1225 Fallon Street, Suite 900 255 N. Forbes Street District Attorney, San Diego 215 Fifth Street, Suite 152 Oakland, CA 94612 Lakeport, CA 95453 County Marysville, CA 95901 330 West Broadway, Suite Los Angeles City Attorney's District Attorney, Alpine District Attorney, Los 1300 Office County Angeles County San Diego, CA 92101 City Hall East P.O. Box 248 210 West Temple Street, 200 N. Main Street, Suite Markleeville, CA 96120 Suite 18000 District Attorney, San 800 Los Angeles, CA 90012 Joaquin County Los Angeles, CA 90012 District Attorney, Amador 222 E. Weber Ave. Rm. 202 County District Attorney, Madera Stockton, CA 95202 San Diego City Attorney's 708 Court Street County Office Jackson, CA 95642 209 West Yosemite Avenue District Attorney, San Luis 1200 3rd Avenue, Ste 1620 Madera, CA 93637 Obispo County San Diego, CA 92101 District Attorney, Butte 1035 Palm St, Room 450 County District Attorney, Marin San Luis Obispo, CA 93408 San Francisco, City Attorney 25 County Center Drive, County City Hall, Room 234 Suite 245 3501 Civic Center Drive, District Attorney, San Mateo 1 Dr Carlton B Goodlett PL Oroville, CA 95965 Room 130 County San Francisco, CA 94102 San Rafael, CA 94903 400 County Ctr., 3rd Floor District Attorney, Calaveras Redwood City, CA 94063 San Jose City Attorney's County District Attorney, Mariposa Office 891 Mountain Ranch Road County District Attorney, Santa 200 East Santa Clara Street, San Andreas, CA 95249 Post Office Box 730 Barbara County 16th Floor Mariposa, CA 95338 1112 Santa Barbara Street San Jose, CA 95113 District Attorney, Colusa Santa Barbara, CA 93101 County District Attorney, 346 Fifth Street Suite 101 Mendocino County District Attorney, Santa Cruz Colusa, CA 95932 Post Office Box 1000 County Ukiah, CA 95482 701 Ocean Street, Room 200 District Attorney, Del Norte Santa Cruz, CA 95060 County District Attorney, Merced 450 H Street, Room 171 County District Attorney, Shasta Crescent City, CA 95531 550 W. Main Street County Merced, CA 95340 1355 West Street District Attorney, El Dorado Redding, CA 96001 County District Attorney, Modoc 515 Main Street County District Attorney, Sierra Placerville, CA 95667 204 S Court Street, Room County 202 PO Box 457 District Attorney, Fresno Alturas, CA 96101-4020 Downieville, CA 95936 County 2220 Tulare Street, Suite District Attorney, Mono District Attorney, Siskiyou 1000 County County Fresno, CA 93721 Post Office Box 617 Post Office Box 986 Bridgeport, CA 93517 Yreka, CA 96097 District Attorney, Glenn County District Attorney, Nevada District Attorney, Solano Post Office Box 430 County County Willows, CA 95988 201 Commercial Street 675 Texas Street, Ste 4500 Nevada City, CA 95959 Fairfield, CA 94533 District Attorney, Humboldt County District Attorney, Orange District Attorney, Stanislaus 825 5th Street 4th Floor County County Eureka, CA 95501 401 West Civic Center Drive 832 12th Street, Ste 300 Santa Ana, CA 92701 Modesto, CA 95354 District Attorney, Imperial County District Attorney, Placer District Attorney, Sutter 940 West Main Street, Ste County County 102 10810 Justice Center Drive, 446 Second Street El Centro, CA 92243 Ste 240 Yuba City, CA 95991 Roseville, CA 95678 District Attorney, Inyo District Attorney, Tehama County District Attorney, Plumas County 230 W. Line Street County Post Office Box 519 Bishop, CA 93514 520 Main Street, Room 404 Red Bluff, CA 96080 Quincy, CA 95971 District Attorney, Kern District Attorney, Trinity County District Attorney, San Benito County 1215 Truxtun Avenue County Post Office Box 310 Bakersfield, CA 93301 419 Fourth Street, 2nd Floor Weaverville, CA 96093 Hollister, CA 95023 District Attorney, Kings District Attorney, Tuolumne County District Attorney,San County 1400 West Lacey Boulevard Bernardino County 423 N. Washington Street Hanford, CA 93230 316 N. Mountain View Sonora, CA 95370 Avenue

EXHIBIT “C” WRAITH LAW 24422 AVENIDA DE LA CARLOTA SUITE 400 LAGUNA HILLS, CA 92653 Tel (949) 452-1234 Fax (949) 452-1102

September 25, 2018

NOTICE OF VIOLATIONS OF CALIFORNIA HEALTH & SAFETY CODE SECTION 25249.5 ET SEQ. (PROPOSITION 65)

Dear Alleged Violator and the Appropriate Public Enforcement Agencies:

ERC has identified violations of California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (“Proposition 65”), which is codified at California Health & Safety Code §25249.5 et seq., with respect to the products identified below. These violations have occurred and continue to occur because the alleged Violator identified below failed to provide required clear and reasonable warnings with these products. This letter serves as a notice of these violations to the alleged Violator and the appropriate public enforcement agencies. Pursuant to Section 25249.7(d) of the statute, ERC intends to file a private enforcement action in the public interest 60 days after effective service of this notice unless the public enforcement agencies have commenced and are diligently prosecuting an action to rectify these violations.

Alleged Violator. The name of the company covered by this notice that violated Proposition 65 (hereinafter the “Violator”) is:

Grenade (UK) Ltd.

Consumer Products and Listed Chemical. The products that are the subject of this notice and the chemical in those products identified as exceeding allowable levels are:

1. Grenade Carb Killa High Protein Bar White Chocolate Cookie Flavor - Lead 2. Grenade Carb Killa High Protein Bar Chocolate Chip Cookie Dough Flavor - Lead 3. Grenade Carb Killa High Protein Bar Jaffa Quake Chocolate Orange Flavor - Lead 4. Grenade Carb Killa High Protein Bar Peanut Nutter Flavor - Lead 5. Grenade Carb Killa High Protein Bar Chocolate Crunch Flavor - Lead 6. Grenade Carb Killa High Protein Bar Chocolate Cream Flavor – Lead 7. Grenade Carb Killa Brownie – Lead Notice of Violations of California Health & Safety Code §25249.5 et seq. September 25, 2018 Page 2

It should be noted that ERC may continue to investigate other products that may reveal further violations and result in subsequent notices of violations.

Route of Exposure. The consumer exposures that are the subject of this notice result from the recommended use of these products. Consequently, the route of exposure to this chemical has been and continues to be through ingestion.

Approximate Time Period of Violations. Ongoing violations have occurred every day since at least September 25, 2015, as well as every day since the products were introduced into the California marketplace, and will continue every day until clear and reasonable warnings are provided to product purchasers and users or until this known toxic chemical is either removed from or reduced to allowable levels in the products. Proposition 65 requires that a clear and reasonable warning be provided prior to exposure to the identified chemical. The method of warning should be a warning that appears on the product label. The Violator violated Proposition 65 because it failed to provide persons ingesting these products with appropriate warnings that they are being exposed to this chemical.

Consistent with the public interest goals of Proposition 65 and a desire to have these ongoing violations of California law quickly rectified, ERC is interested in seeking a constructive resolution of this matter that includes an enforceable written agreement by the Violator to: (1) reformulate the identified products so as to eliminate further exposures to the identified chemical, or provide appropriate warnings on the labels of these products; (2) pay an appropriate civil penalty; and (3) provide clear and reasonable warnings compliant with Proposition 65 to all persons located in California who purchased the above products in the last three years. Such a resolution will prevent further unwarned consumer exposures to the identified chemical, as well as an expensive and time- consuming litigation.

Sincerely,

______William F. Wraith

Attachments Certificate of Merit Certificate of Service OEHHA Summary (to Grenade (UK) Ltd.) Additional Supporting Information for Certificate of Merit (to AG only) Notice of Violations of California Health & Safety Code §25249.5 et seq. September 25, 2018 Page 3

CERTIFICATE OF MERIT

Re: Environmental Research Center, Inc.’s Notice of Proposition 65 Violations by Grenade (UK) Ltd.

I, William F. Wraith, declare:

1. This Certificate of Merit accompanies the attached 60-day notice in which it is alleged the party identified in the notice violated California Health & Safety Code Section 25249.6 by failing to provide clear and reasonable warnings.

2. I am an attorney for the noticing party.

4. Based on the information obtained through those consultants, and on other information in my possession, I believe there is a reasonable and meritorious case for the private action. I understand that “reasonable and meritorious case for the private action” means that the information provides a credible basis that all elements of the plaintiff’s case can be established and that the information did not prove that the alleged Violator will be able to establish any of the affirmative defenses set forth in the statute.

Dated: September 25, 2018 ______William F. Wraith

Notice of Violations of California Health & Safety Code §25249.5 et seq. September 25, 2018 Page 4

CERTIFICATE OF SERVICE PURSUANT TO 27 CCR § 25903

I, the undersigned, declare under penalty of perjury under the laws of the State of California that the following is true and correct:

I am a citizen of the United States and over the age of 18 years of age. My business address is 306 Joy Street, Fort Oglethorpe, Georgia 30742. I am a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at Fort Oglethorpe, Georgia.

On September 25, 2018 between 8:00 a.m. and 5:00 p.m. Eastern Time, I verified the following documents: NOTICE OF VIOLATIONS OF CALIFORNIA HEALTH & SAFETY CODE §25249.5 ET SEQ.; CERTIFICATE OF MERIT; “THE SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986 (PROPOSITION 65): A SUMMARY” were served on the following party when a true and correct copy thereof was sent via electronic mail to the party listed below:

Grenade (UK) Ltd. c/o J. Tobias Rowe Braunhagey & Borden LLP 220 Sansome Street, 2nd Floor San Francisco, CA 94104-2711 Email: [email protected]

On September 25, 2018 between 8:00 a.m. and 5:00 p.m. Eastern Time, I served the following documents: NOTICE OF VIOLATIONS OF CALIFORNIA HEALTH & SAFETY CODE §25249.5 ET SEQ.; CERTIFICATE OF MERIT; “THE SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986 (PROPOSITION 65): A SUMMARY” on the following party by placing a true and correct copy thereof in a sealed envelope, addressed to the party listed below and depositing it at a U.S. Postal Service Office with the postage prepaid for delivery by Certified Mail:

Current Director, President or CEO Grenade (UK) Ltd. Arden House, Marsh Lane Hampton-in-Arden Solihull, West Midlands B92 0AJ United Kingdom

On September 25, 2018 between 8:00 a.m. and 5:00 p.m. Eastern Time, I verified the following documents NOTICE OF VIOLATIONS, CALIFORNIA HEALTH & SAFETY CODE §25249.5 ET SEQ.; CERTIFICATE OF MERIT; ADDITIONAL SUPPORTING INFORMATION FOR CERTIFICATE OF MERIT AS REQUIRED BY CALIFORNIA HEALTH & SAFETY CODE §25249.7(d)(1) were served on the following party when a true and correct copy thereof was uploaded on the California Attorney General’s website, which can be accessed at https://oag.ca.gov/prop65/add-60-day-notice :

Office of the California Attorney General Prop 65 Enforcement Reporting 1515 Clay Street, Suite 2000 Oakland, CA 94612-0550

On September 25, 2018 between 8:00 a.m. and 5:00 p.m. Eastern Time, I verified the following documents NOTICE OF VIOLATIONS, CALIFORNIA HEALTH & SAFETY CODE §25249.5 ET SEQ.; CERTIFICATE OF MERIT were served on the following parties when a true and correct copy thereof was sent via electronic mail to each of the parties listed below:

Notice of Violations of California Health & Safety Code §25249.5 et seq. September 25, 2018 Page 5

Nancy O’Malley, District Attorney Tori Verber Salazar, District Attorney Alameda County San Joaquin County 7677 Oakport Street, Suite 650 222 E. Weber Avenue, Room 202 Oakland, CA 94621 Stockton, CA 95202 [email protected] [email protected]

Stacey Grassini, Deputy District Attorney Eric J. Dobroth, Deputy District Attorney Contra Costa County San Luis Obispo County 900 Ward Street County Government Center Annex, 4th Floor Martinez, CA 94553 San Luis Obispo, CA 93408 [email protected] [email protected]

Michelle Latimer, Program Coordinator Christopher Dalbey, Deputy District Attorney Lassen County Santa Barbara County 220 S. Lassen Street 1112 Santa Barbara Street Susanville, CA 96130 Santa Barbara, CA 93101 [email protected] [email protected]

Dije Ndreu, Deputy District Attorney Yen Dang, Supervising Deputy District Attorney Monterey County Santa Clara County 1200 Aguajito Road 70 W Hedding St Monterey, CA 93940 San Jose, CA 95110 [email protected] [email protected]

Allison Haley, District Attorney Jeffrey S. Rosell, District Attorney Napa County Santa Cruz County 1127 First Street, Suite C 701 Ocean Street Napa, CA 94559 Santa Cruz, CA 95060 [email protected] [email protected]

Paul E. Zellerbach, District Attorney Stephan R. Passalacqua, District Attorney Riverside County Sonoma County 3072 Orange Street 600 Administration Dr Riverside, CA 92501 Sonoma, CA 95403 [email protected] [email protected]

Anne Marie Schubert, District Attorney Phillip J. Cline, District Attorney Sacramento County Tulare County 901 G Street 221 S Mooney Blvd Sacramento, CA 95814 Visalia, CA 95370 [email protected] [email protected]

Mark Ankcorn, Deputy City Attorney Gregory D. Totten, District Attorney San Diego City Attorney Ventura County 1200 Third Avenue 800 S Victoria Ave San Diego, CA 92101 Ventura, CA 93009 [email protected] [email protected]

Gregory Alker, Assistant District Attorney Jeff W. Reisig, District Attorney San Francisco County Yolo County 732 Brannan Street 301 Second Street San Francisco, CA 94103 Woodland, CA 95695 [email protected] [email protected]

Notice of Violations of California Health & Safety Code §25249.5 et seq. September 25, 2018 Service List Page 7

District Attorney, Alpine District Attorney, Kings District Attorney, Placer District Attorney, County County County Tehama County P.O. Box 248 1400 West Lacey 10810 Justice Center Post Office Box 519 Markleeville, CA 96120 Boulevard Drive, Ste 240 Red Bluff, CA 96080 Hanford, CA 93230 Roseville, CA 95678 District Attorney, District Attorney, Trinity Amador County District Attorney, Lake District Attorney, Plumas County 708 Court Street, Suite County County Post Office Box 310 202 255 N. Forbes Street 520 Main Street, Room Weaverville, CA 96093 Jackson, CA 95642 Lakeport, CA 95453 404 Quincy, CA 95971 District Attorney, District Attorney, Butte District Attorney, Los Tuolumne County County Angeles County District Attorney, San 423 N. Washington 25 County Center Drive, Hall of Justice Benito County Street Suite 245 211 West Temple St., Ste 419 Fourth Street, 2nd Sonora, CA 95370 Oroville, CA 95965 1200 Floor Los Angeles, CA 90012 Hollister, CA 95023 District Attorney, Yuba District Attorney, County Calaveras County District Attorney, District Attorney,San 215 Fifth Street, Suite 891 Mountain Ranch Madera County Bernardino County 152 Road 209 West Yosemite 303 West Third Street Marysville, CA 95901 San Andreas, CA 95249 Avenue San Bernadino, CA Madera, CA 93637 92415 Los Angeles City District Attorney, Colusa Attorney's Office County District Attorney, Marin District Attorney, San City Hall East 346 Fifth Street Suite County Diego County 200 N. Main Street, Suite 101 3501 Civic Center Drive, 330 West Broadway, 800 Colusa, CA 95932 Room 130 Suite 1300 Los Angeles, CA 90012 San Rafael, CA 94903 San Diego, CA 92101 District Attorney, Del San Francisco, City Norte County District Attorney, District Attorney, San Attorney 450 H Street, Room 171 Mariposa County Mateo County City Hall, Room 234 Crescent City, CA 95531 Post Office Box 730 400 County Ctr., 3rd 1 Dr Carlton B Goodlett Mariposa, CA 95338 Floor PL District Attorney, El Redwood City, CA San Francisco, CA Dorado County District Attorney, 94063 94102 515 Main Street Mendocino County Placerville, CA 95667 Post Office Box 1000 District Attorney, Shasta San Jose City Attorney's Ukiah, CA 95482 County Office District Attorney, Fresno 1355 West Street 200 East Santa Clara County District Attorney, Redding, CA 96001 Street, 2220 Tulare Street, Suite Merced County 16th Floor 1000 550 W. Main Street District Attorney, Sierra San Jose, CA 95113 Fresno, CA 93721 Merced, CA 95340 County 100 Courthouse Square, District Attorney, Glenn District Attorney, Modoc 2nd Floor County County Downieville, CA 95936 Post Office Box 430 204 S Court Street, Willows, CA 95988 Room 202 District Attorney, Alturas, CA 96101-4020 Siskiyou County District Attorney, Post Office Box 986 Humboldt County District Attorney, Mono Yreka, CA 96097 825 5th Street 4th Floor County Eureka, CA 95501 Post Office Box 617 District Attorney, Solano Bridgeport, CA 93517 County District Attorney, 675 Texas Street, Ste Imperial County District Attorney, 4500 940 West Main Street, Nevada County Fairfield, CA 94533 Ste 102 201 Commercial Street El Centro, CA 92243 Nevada City, CA 95959 District Attorney, Stanislaus County District Attorney, Inyo District Attorney, Orange 832 12th Street, Ste 300 County County Modesto, CA 95354 P.O. Drawer D 401 West Civic Center Independence, CA 93526 Drive District Attorney, Sutter Santa Ana, CA 92701 County District Attorney, Kern 463 2nd Street County Yuba City, CA 95991 1215 Truxtun Avenue Bakersfield, CA 93301