60 Day Notice 2010-00487

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2010-00487
Notice PDF: 
PDF icon 2010-00487.pdf
Date Filed: 
09/24/2010
Noticing Party: 
Environmental Research Center
Alleged Violators: 
Golden Neo-Life Diamite International, Inc.
GNLD International, LLC
Chemicals: 
Lead
Source: 
Dietary supplement

60-Day Notice Document

Civil Complaint
AG Number:
2010-00487
Complaint PDF: 
PDF icon 2010-00487C2586.pdf
Date Filed:
11/15/2012
Case Name: 
Environmental Research Center v. GNLD International, LLC
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC12526124
Plaintiff: 
Environmental Research Center
Plaintiff Attorney: 
Michael Freund
Defendant: 
GNLD International, LLC
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
Michael Freund
Contact Organization: 
Law Office of Michael Freund
Email Address:
freund1@aol.com
Address: 
1919 Addison Street, Suite 105
City, State, Zip:
Berkeley, CA 94704
Phone Number:
(510) 540-1992
Fax Number:
(510) 540-5543
Settlement
AG Number:
2010-00487
Settlement PDF: 
PDF icon 2010-00487S2352.pdf
Settlement Date:
12/13/2012
Case Name: 
Environmental Research Center v. GNLD International, LLC
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC12526124
Plaintiff: 
Environmental Research Center
Plaintiff Attorney: 
Michael Freund
Defendant: 
GNLD International, LLC
Injunctive Relief: 
Any Covered Product manufactured after the Effective Date that GNLD thereafter sells in California, markets or distributes for sale in California, or offers for sale to a third party for retail sale in California must quality as a Reformulated Covered Product for which the daily lead exposure results in no more than 0.5 micrograms of lead per day as determined by the quality control methodology set forth herein, after subtracting out the amount of lead allowable in accordance with the Attorney General's Stipulation Modifying Consent Judgments in People v. Warner Lambert et al.(San Francisco Super. Ct. Case No. 984503). Forproducts that cause exposures in excess of 0.5 micrograms of lead per day, Defendant shall at the point of manufacture, prior to shipment to California, or prior to distribution within California, affix or print on the Product container, cap, label or unit package, or display at the point of sale of the Products the following warning: WARNING: This product contains lead, a chemical known [to the State of California] to cause [cancer], birth defects, or other reproductive harm. The term "cancer" shall be included in the warning only if there is an exposure to a daily dose of more than 15 micrograms per day. GNLD shall arrange for lead testing of at least five randombly selected samples of any Covered Product for a minimum of three years.
*Non-Contingent Civil Penalty:
$ 13,970.00
Attorney(s) Fees and Costs:
$ 25,015.00
Payment in Lieu of Penalty:
$ 66,015.00  (41899 in lieu of further civil penalties for activities such as 1) analysis, researching and testing consumer products; 2) funding ERC's Voluntary Compliance Program to work with companies not subject to Proposition 65 to reformulate their products; 3) funding ERC's Got Lead? Program to assist consumers in testing products for lead; 4)maintaining, supporting and increasing ERC's Database of lead-free and Proposition 65 compliant products; 5) increasing ERC's tracking and cataloging of contamination-free sources for specific ingredients used in the types of products ERC test, and sharing this information with companies to try and reduce lead levels in their products; 6) post-settlement monitoring of past consent judgments; and 7) the continuing enforcement of Proposition 65. $24116 as reimbursement of ERC's costs. )
Total Payments:
$ 105,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Michael Freund
Contact Organization: 
Law Office of Michael Freund
Email Address:
freund1@aol.com
Address: 
1919 Addison Street, Suite 105
City, State, Zip:
Berkeley, CA 94704
Phone Number:
(510) 540-1992
Fax Number:
(510) 540-5543
Comments: 
Settlement also covers AG No. 2011-00012.
Judgment
AG Number:
2010-00487
Judgment PDF: 
PDF icon 2010-00487J1755.pdf
Judgment Date:
02/08/2013
Settlement reported to AG: 
Thu, 12/13/2012
Case Name: 
Environmental Research Center v. GNLD International, LLC
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC12526124
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund
Defendant: 
GNLD International, LLC
Injunctive Relief: 
Any Covered Product manufactured after the Effective Date that GNLD sells, markets or distributes for sale in California, or offers for sale to a third party for retail sale in California shall not create a lead exposure of more than 0.5 micrograms of lead per day. For products in excees, GNLD shall provide a Proposition 65 warning on the container or label. GNLD shall conduct lead testing of at least five randomly selected samples of any Covered Product for a minimum of three years.
*Non-Contingent Civil Penalty:
$ 13,970.00
Attorney(s) Fees and Costs:
$ 49,131.00
Payment in Lieu of Penalty:
$ 41,899.00  (to ERC in lieu of further civil penalties for analysis, researching and testing consumer products that may contain Proposition 65 chemicals; funding ERC's Voluntary Compliance Program, funding ERC's Got Lead? Program; maintaining, supporting and increasing ERC's Database of lead free and Proposition 65 compliant products; increasing ERC's tracking and cataloging of contaminiation free sources for specific ingresdients; post-settlement monitoring of past consent judgments; and the continuing enforcement of Proposition 65. )
Total Payments:
$ 105,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
San Francisco Superior Court
Contact Organization: 
Law Office of Michael Freund
Email Address:
freund1@aol.com
Address: 
1919 Addison Street, Suite 105
City, State, Zip:
Berkeley, CA 94704
Phone Number:
(510) 540-1992
Fax Number:
(510) 540-5543

* A non-contingent civil penalty is the civil penalty that must be paid pursuant to the settlement, regardless of future events or actions of the defendant. If a settlement includes a contingent penalty, the plaintiff should report the additional penalty amount when it becomes due.