60 Day Notice 2023-03968

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2023-03968
Notice PDF: 
PDF icon 2023-03968.pdf
Date Filed: 
12/14/2023
Noticing Party: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Charles Poss
Alleged Violators: 
NutraMarks, Inc., individually and dba Dynamic Health
HGGC, LLC
Nutraceutical Corporation
Nutraceutical International Corporation
The Better Being Co., LLC
Chemicals: 
Lead and lead compounds
Mercury and mercury compounds
Source: 
Dynamic Health Organic Aloe Vera Orange Mango Flavor 100% Juice
Dynamic Health Certified Organic Tart Cherry Unsweetened 100% Juice Concentrate
Dynamic Health Sambucus Black Elderberry Concentrate

60-Day Notice Document

Civil Complaint
AG Number:
2023-03968
Complaint PDF: 
PDF icon 2023-03968C8709.pdf
Date Filed:
04/15/2024
Case Name: 
Environmental Research Center, Inc. v. NutraMarks, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
24CV071817
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Environmental Research Center
Defendant: 
NutraMarks, Inc., individually and dba Dynamic Health
HGGC, LLC
Nutraceutical Corporation
Nutraceutical International Corporation
The Better Being Co., LLC
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Injunctive and Declaratory Relief
Contact Name: 
Charles Poss
Contact Organization: 
Environmental Research Center
Email Address:
myra.heptinstall@erc501c3.org
Address: 
3111 Camino Del Rio North, Suite 400
City, State, Zip:
San Diego, CA 92108
Phone Number:
(619) 500-3090
Comments: 
This Complaint also includes AG Number 2023-03830 for litigation purposes.
Settlement
AG Number:
2023-03968
Settlement PDF: 
PDF icon 2023-03968S3934.pdf
Settlement Date:
08/15/2024
Case Name: 
Environmental Research Center, Inc. vs. NutraMarks, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
24CV071817
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Environmental Research Center
Defendant: 
NutraMarks, Inc., individually and dba Dynamic Health
HGGC, LLC
Nutraceutical Corporation
Nutraceutical International Corporation
The Better Being Co., LLC
Injunctive Relief: 
3.1 Beginning on the Effective Date, Dynamic Health 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.
*Non-Contingent Civil Penalty:
$ 13,000.00
Attorney(s) Fees and Costs:
$ 67,602.00
Payment in Lieu of Penalty:
$ 9,398.00  (4.4 $9,398.00 shall be distributed to ERC as an Additional Settlement Payment (“ASP”), which shall be subject to the Court’s ongoing judicial oversight pursuant to California Code of Regulations, title 11, section 3204. ERC will utilize the ASP for activities that address the same public harm as allegedly caused by Defendants 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 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:
$ 90,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Charles Poss
Contact Organization: 
Environmental Research Center
Email Address:
myra.heptinstall@erc501c3.org
Address: 
3111 Camino Del Rio North, Suite 400
City, State, Zip:
San Diego, CA 92108
Phone Number:
(619) 500-3090
Comments: 
This Settlement also includes AG number 2023-03830 for litigation purposes.
Judgment
AG Number:
2023-03968
Judgment PDF: 
PDF icon 2023-03968J5450.pdf
Judgment Date:
12/10/2024
Settlement reported to AG: 
Thu, 08/15/2024
Case Name: 
Environmental Research Center, Inc. vs. NutraMarks, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
24CV071817
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Environmental Research Center
Defendant: 
NutraMarks, Inc., individually and dba Dynamic Health
HGGC, LLC
Nutraceutical Corporation
Nutraceutical International Corporation
The Better Being Co., LLC
Injunctive Relief: 
3.1 Beginning on the Effective Date, Dynamic Health 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.
*Non-Contingent Civil Penalty:
$ 13,000.00
Attorney(s) Fees and Costs:
$ 67,602.00
Payment in Lieu of Penalty:
$ 9,398.00  (4.4 $9,398.00 shall be distributed to ERC as an Additional Settlement Payment (“ASP”), which shall be subject to the Court’s ongoing judicial oversight pursuant to California Code of Regulations, title 11, section 3204. ERC will utilize the ASP for activities that address the same public harm as allegedly caused by Defendants 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 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 3 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:
$ 90,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Charles Poss
Contact Organization: 
Environmental Research Center
Email Address:
myra.heptinstall@erc501c3.org
Address: 
3111 Camino Del Rio North, Suite 400
City, State, Zip:
San Diego, CA 92108
Phone Number:
(619) 500-3090

* 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.