60 Day Notice 2010-00741

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2010-00741
Notice PDF: 
PDF icon 2010-00741.pdf
Date Filed: 
12/23/2010
Noticing Party: 
Environmental Research Center
Alleged Violators: 
Organic By Nature, Inc.
Pure Planet Prodcuts, Inc.
Platinum Health Products
Purium Health Products
Pure Planet Oasis, LLC
Chemicals: 
Lead
Source: 
Dietary supplement

60-Day Notice Document

Civil Complaint
AG Number:
2010-00741
Complaint PDF: 
PDF icon 2010-00741C2378.pdf
Date Filed:
11/18/2011
Case Name: 
ERC v. Organic By Nature
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-11-516015
Plaintiff: 
Environmental Research Center
Plaintiff Attorney: 
Philip T. Emmons
Defendant: 
Pure Planet Oasis, LLC
Pure Planet Products
Pure Planet Products, Inc.
Purium Health Products
Platinum Health Products
Organic By Nature, Inc.
Type of Claim: 
Failure to Warn
Relief Sought: 
Civil Penalty
Warning
Contact Name: 
Philip Emmons
Contact Organization: 
Law Office of Philip T. Emmons
Email Address:
p-emmons@hotmail.com
Address: 
1990 N. California Blvd., 8th Floor
City, State, Zip:
Walnut Creek, CA 94596
Phone Number:
(925) 287-6436
Fax Number:
(925) 287-6437
Comments: 
Settlement
AG Number:
2010-00741
Settlement PDF: 
PDF icon 2010-00741S3202.pdf
Settlement Date:
01/14/2014
Case Name: 
ERC v. Organic By Nature, Inc.
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-11-516015
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Philip T. Emmons
Defendant: 
Organic By Nature, Inc.
Injunctive Relief: 
Reformulation, warning requirements, testing requirements for three years.
*Non-Contingent Civil Penalty:
$ 14,892.00
Attorney(s) Fees and Costs:
$ 30,428.00
Payment in Lieu of Penalty:
$ 44,680.00  (The $30,428 for attorney's fees and costs is comprised of $17,150 for attorney's fees and $13,278 for reimbursement to plaintiff for its reasonable costs associated with enforcement of Proposition 65 and other expenses and costs incurred as a result of preparing, bringing this matter to defendant's attention, litigating and negotiating this settlement.)
Total Payments:
$ 90,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Philip T. Emmons
Contact Organization: 
Law Office of Philip T. Emmons
Email Address:
p-emmons@hotmail.com
Address: 
1990 N. California Blvd., 8th Floor
City, State, Zip:
Walnut Creek, CA 94596
Phone Number:
925-287-6436
Fax Number:
925-287-6437
Judgment
AG Number:
2010-00741
Judgment PDF: 
PDF icon 2010-00741J2537.pdf
Judgment Date:
05/21/2014
Settlement reported to AG: 
Tue, 01/14/2014
Case Name: 
ERC v. Organic By Nature, Inc.
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-11-516015
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Philip T. Emmons
Defendant: 
Organic By Nature, Inc.
Injunctive Relief: 
Reformulation, warning requirements, testing requirements for three years.
*Non-Contingent Civil Penalty:
$ 14,892.00
Attorney(s) Fees and Costs:
$ 30,428.00
Payment in Lieu of Penalty:
$ 44,680.00  (The $30,428 for attorney's fess and costs is comprised of $17,150 for attorney's fees and $13,278 for reimbursement to plaintiff for its reasonable costs associated with enforcement of Proposition 65 and other expenses and costs incurred as a result of preparing, bringing this matter to defendant's attention, litigating and negotiating this settlement.)
Total Payments:
$ 90,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Philip T. Emmons
Contact Organization: 
Law Office of Philip T. Emmons
Email Address:
p-emmons@hotmail.com
Address: 
1990 N. California Blvd., 8th Floor
City, State, Zip:
Walnut Creek, CA 94596
Phone Number:
(925) 287-6436
Fax Number:
(925) 287-6437

* 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.