60 Day Notice 2024-01054

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2024-01054
Notice PDF: 
PDF icon 2024-01054.pdf
Date Filed: 
03/14/2024
Noticing Party: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Environmental Research Center
Alleged Violators: 
Profile Products, LLC
Chemicals: 
Lead and lead compounds
Source: 
HMR 70 Plus Chocolate Shake and Pudding Mix - Lead
HMR 800 Chocolate Shake Mix - Lead
HMR Double Chocolate Chip Flavored Bar - Lead
HMR Iced Oatmeal Flavored Bar - Lead
HMR 120 Chocolate Shake Mix - Lead
HMR 70 Plus Vanilla Shake and Pudding Mix – Lead
HMR 800 Vanilla Shake Mix - Lead

60-Day Notice Document

Settlement
AG Number:
2024-01054
Settlement PDF: 
PDF icon 2024-01054S3518.pdf
Settlement Date:
05/24/2024
Case Name: 
Environmental Research Center, Inc. v. HMR Plan, LLC
Court Name: 
Out of Court
Court Docket Number: 
N/A
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Charles Poss
Defendant: 
HMR Plan, LLC
Profile Products, LLC
Profile Development, LLC
Profile Plan, LLC
Ten Oaks Management, LLC
Injunctive Relief: 
Beginning (a) 30 days after the Effective Date for Internet Warnings as described in Section 3.2, (b) 45 days after the Effective Date for Package Insert Warnings as described in Section 3.2, and (c) six months after the Effective Date for On-Label Warnings as described in Section 3.2 (the “Compliance Dates”), HMR 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 which exposes a person to a “Daily Lead Exposure Level” of more than 0.5 micrograms of lead per day and/or a “Daily Cadmium Exposure Level” of more than 4.1 micrograms of cadmium per day and/or a “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:
$ 5,000.00
Attorney(s) Fees and Costs:
$ 45,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 50,000.00
Will settlement be submitted to court?
No
Contact Name: 
Charles Poss
Contact Organization: 
Environmental Research Center, Inc.
Email Address:
charles.poss@erc501c3.org
Address: 
3111 Camino Del Rio North, Suite 400
City, State, Zip:
San Diego, CA 92108
Phone Number:
619-500-3090
Comments: 
The Settlement includes AG numbers 2024-00150, 2024-00415, 2024-01054, and 2024-01177.

* 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.