Judgment Date:
09/08/2020
Settlement reported to AG:
Case Name:
Environmental Research Center v Cend International Limited
Court Name:
Alameda County Superior Court
Plaintiff:
Environmental Research Center, Inc.
Defendant:
Cend International Limited Liability Company
Cend Limited
THG International LLC
THGPP LLC
The Hut.com Limited
The Hut IHC Limited
The Hut Group Limited
The Hut Management Company Limited
*Non-Contingent Civil Penalty:
$ 80,500.00
Attorney(s) Fees and Costs:
$ 57,171.00
Payment in Lieu of Penalty:
$ 60,329.00 ($60,329.18 shall be
distributed to ERC as an Additional Settlement Payment ("ASP") pursuant to California Code of Regulations, title 11, sections 320 subdivision (d) and 3204. ERC will utilize the ASP for activities that address the same public harm as allegedly caused by defendants this matter. These activities are detailed below and support ERC overarching goal of reducing and/or eliminating hazardous and toxic chemicals in dietary supplement products in California. ERC activities have had, and will continue to have, a direct and primary effect within the State of California because California consumers will be benefited by the reduction and/or elimination of exposure lead and/or cadmium in dietary supplements and/or by providing clear and reasonable warnings to California consumers prior ingestion of the products. Based on a review of past years' actual budgets, ERC is providing the following list of activities ERC engages in to protect California consumers through Proposition 65 citizen enforcement, along with a breakdown of how ASP funds will be utilized to facilitate those activities: (1) ENFORCEMENT (65-80%): obtaining, shipping, analyzing, and testing dietary supplement products that may contain lead and/or cadmium and are sold to California consumers. This work includes continued monitoring and enforcement of past consent judgments a settlements to ensure companies are in compliance with the obligations thereunder, with a specific focus on those judgment
and settlements concerning lead and/or cadmium. This work also includes investigation of new companies that ERC does not obtain any recovery through settlement or judgment; (2) VOLUNTARY COMPLIANCE PROGRAM (10-20%): maintaining ERC's Voluntary Compliance Program by acquiring products from companies developing and maintaining a case file, testing products from the companies, providing the test results and supporting documents to the companies, and offering guidance in warning or implement a self-testing program for lead and/or cadmium in diet, supplement products; and (3) "GOT LEAD" PROGRAM (up to 5%): maintaining ERC's "Got Lead?" Program which reduces the numbers of contaminated products that reach California consumers by providing access to free testing for lead in dietary supplement products (Products submitted to the program are screened ingredients which are suspected to be contaminated, and then may be purchased by ERC, cataloged, sent to a qualified laboratory for testing, and the results shared with the consumer that submitted product). ERC shall be fully accountable in that it will maintain adequate records to document and will be able to demonstrate how
the ASP funds will be spent and can assure that the funds are being spent only for the proper, designated purposes described in the Consent Judgment. ERC shall provide the Attorney General, within thirty days of any request, copies of documentation demonstrating how such funds have been spent. )
Total Payments:
$ 198,000.00
Is Judgment Pursuant to Settlement?
Address:
4030 Martin Luther King Jr. Way
City, State, Zip:
Oakland, CA 94609
Phone Number:
(917) 371-8293
Fax Number:
(917) 371-8293
