60 Day Notice 2013-00508

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2013-00508
Notice PDF: 
PDF icon 2013-00508.pdf
Date Filed: 
05/17/2013
Noticing Party: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Philip Emmons
Alleged Violators: 
Vitamin Shoppe, Inc.
Vitamin Shoppe Industries, Inc.
Amazing Grass
Grass Advantage
Chemicals: 
Lead and lead compounds
Source: 
Dietary Supplements

60-Day Notice Document

Civil Complaint
AG Number:
2013-00508
Complaint PDF: 
PDF icon 2013-00508C3152.pdf
Date Filed:
01/13/2014
Case Name: 
ERC v. Vitamin Shoppe, Inc., et al.
Court Name: 
Contra Costa County Superior Court
Court Docket Number: 
MSC12-00556
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Philip T. Emmons
Defendant: 
Vitamin Shoppe, Inc.
Vitamin Shoppe Industries Inc.
Grass Advantage
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
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
Comments: 
This First Amended Complaint also incorporates the matter referenced by AG Number 2011-00242. An original complaint was filed against defendants Vitamin Shoppe, Inc. and Vitamin Shoppe Industries Inc. only and incorporated the matter referenced by AG Number 2011-00242 only. This First Amended Complaint was filed to name Grass Advantage as another defendant and to incorporate the matter referenced by AG Number 2013-00508.
Corrected Settlement
AG Number:
2013-00508
Settlement PDF: 
PDF icon 2013-00508S3528.pdf
Settlement Date:
06/16/2014
Case Name: 
ERC v. Vitamin Shoppe, Inc., et al.
Court Name: 
Contra Costa County Superior Court
Court Docket Number: 
MSC12-00556
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Philip T. Emmons
Defendant: 
Vitamin Shoppe, Inc.
Vitamin Shoppe Industries Inc.
Grass Advantage
Injunctive Relief: 
Warning
*Non-Contingent Civil Penalty:
$ 13,212.00
Attorney(s) Fees and Costs:
$ 41,720.00
Payment in Lieu of Penalty:
$ 19,818.00  (The specific amount of the payment in lieu of penalty is $19,817.50. The specific amount of the attorney's fees and costs is $41,720.50, which is comprised of $25,162.50 for attorney's fees and $16,558 for reimbursement to plaintiff for its reasonable investigation costs associated with the enforcement of Proposition 65 and other expenses and costs incurred as a result of investigating, bringing this matter to defendants' attention, litigating and negotiating this settlement.)
Total Payments:
$ 74,750.00
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
Comments: 
This is a combined settlement of AG#2011-00242 and AG#2013-00508.
Settlement
AG Number:
2013-00508
Settlement PDF: 
PDF icon 2013-00508S3527.pdf
Settlement Date:
04/16/2014
Case Name: 
ERC v. Vitamin Shoppe, et al
Court Name: 
Contra Costa County Superior Court
Court Docket Number: 
MSC12-00556
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Philip T. Emmons
Defendant: 
Vitamin Shoppe, Inc.
Vitamin Shoppe Industries Inc.
Injunctive Relief: 
Warning
*Non-Contingent Civil Penalty:
$ 13,212.00
Attorney(s) Fees and Costs:
$ 41,720.00
Payment in Lieu of Penalty:
$ 19,818.00  (The specific amount of the payment in lieu of penalty is $19,817.50. The specific amount of the attorney's fees and costs is $41,720.50, which is comprised of $25,162.50 for attorney's fees and $16,558 for reimbursement to plaintiff for its reasonable investigation costs associated with the enforcement of Proposition 65 and other expenses and costs incurred as a result of investigating, bringing this matter to defendants' attention, litigating and negotiating this settlement.)
Total Payments:
$ 74,750.00
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
Comments: 
This is a combined settlement of AG#2011-00242 and AG #2013-00508.
Judgment
AG Number:
2013-00508
Judgment PDF: 
PDF icon 2013-00508J2475.pdf
Judgment Date:
11/18/2014
Settlement reported to AG: 
Thu, 04/16/2015
Case Name: 
ERC v. Vitamin Shoppe, et al.
Court Name: 
Contra Costa County Superior Court
Court Docket Number: 
MSC12-00556
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Philip T. Emmons
Defendant: 
Vitamin Shoppe, Inc.
Vitamin Shoppe Industries, Inc.
Grass Advantage
Injunctive Relief: 
Warning
*Non-Contingent Civil Penalty:
$ 13,212.00
Attorney(s) Fees and Costs:
$ 41,720.00
Payment in Lieu of Penalty:
$ 19,818.00  (The specific amount of the payment in lieu of penalty is $19,817.50. The specific amount of the attorney's fees and costs is $41,720.50, which is comprised of $25,162.50 for attorney's fees and $16,558 for reimbursement to plaintiff for its reasonable investigation costs associated with the enforcement of Proposition 65 and other expenses and costs incurred as a result of investigating, bringing this matter to defendants' attention, litigating and negotiating this settlement.)
Total Payments:
$ 74,750.00
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.