Judgment Date:
05/24/2023
Settlement reported to AG:
Case Name:
Environmental Research Center, Inc. v. IMoney Tools LLC
Court Name:
Alameda County Superior Court
Plaintiff:
Environmental Research Center, Inc.
Defendant:
IMoney Tools LLC, individually and dba Tranont
Injunctive Relief:
3.1 Beginning on the Effective Date, Tranont shall be permanently enjoined from
manufacturing for sale in the State of California, “Distributing into the State of
California,” or directly selling in the State of California, any Covered Product that
exposes a person to a “Daily Lead Exposure Level” of more than 0.5 micrograms of
lead per day and/or “Daily Mercury Exposure Level” of more than 0.3 micrograms of
mercury per day unless it meets the warning requirements under Section 3.2.
However, if the California Office of Environmental Health Hazard Assessment
establishes a “safe harbor” Maximum Allowable Dose Level (“MADL”) for either
mercury or lead that is higher than 0.5 micrograms of lead per day for lead or .3
micrograms of mercury per day for mercury, then those MADLs shall substitute for
the levels identified in this Section 3.1.
*Non-Contingent Civil Penalty:
$ 32,750.00
Attorney(s) Fees and Costs:
$ 37,774.00
Payment in Lieu of Penalty:
$ 24,476.00 (Amounts rounded. Actual amounts: Civil Penalty: $32,750.00. Attorneys'
Fees and Costs: $37,774.24. ASP: $24,475.76). 4.4 $24,475.76 shall be distributed to
ERC in lieu of further civil penalties and as an Additional Settlement Payment (“ASP”),
pursuant to California Code of Regulations, title 11, sections 3203, subdivision (d) and
3204. ERC will utilize the ASP for activities that address the same public harm as
allegedly caused by Defendant in this matter. These activities are detailed below and
support ERC’s overarching goal of reducing and/or eliminating hazardous and toxic
chemicals in dietary supplement products in California. ERC’s activities have had, and
will continue to have, a direct and primary effect within the State of California because
California consumers will be benefitted by the reduction and/or elimination of
exposure to lead and/or mercury in dietary supplements and/or by providing clear and
reasonable warnings to California consumers prior to 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 (up to 65-80%): obtaining, shipping,
analyzing, and testing dietary supplement products that may contain lead and/or
mercury and are sold to California consumers. This work includes continued
monitoring and enforcement of past consent judgments and settlements to ensure
companies are in compliance with their obligations thereunder, with a specific focus
on those judgments and settlements concerning lead and/or mercury. This work also
includes investigation of new companies that ERC does not obtain any recovery
through settlement or judgment; (2) VOLUNTARY COMPLIANCE PROGRAM (up to
10-20%): maintaining ERC’s Voluntary Compliance Program by acquiring products
from companies, developing and maintaining a case file, testing products from these
companies, providing the test results and supporting documentation to the companies,
and offering guidance in warning or implementing a self-testing program for lead
and/or mercury in dietary supplement products; and (3) “GOT LEAD” PROGRAM (up
3
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 for ingredients which are suspected to be contaminated, and then may be
purchased by ERC, catalogued, sent to a qualified laboratory for testing, and the
results shared with the consumer that submitted the 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 this 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:
$ 95,000.00
Is Judgment Pursuant to Settlement?
Address:
1939 Harrison St., Suite 150
City, State, Zip:
Oakland, CA 94612
Phone Number:
(510) 836-4200
