60 Day Notice 2017-00613

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2017-00613
Notice PDF: 
PDF icon 2017-00613.pdf
Date Filed: 
04/28/2017
Noticing Party: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Anne Barker
Alleged Violators: 
Elemis Ltd
Elemis USA, Inc.
Steiner Leisure Limited
Chemicals: 
Lead and lead compounds
Source: 
Dietary Supplements

60-Day Notice Document

Civil Complaint
AG Number:
2017-00613
Complaint PDF: 
PDF icon 2017-00613C4998.pdf
Date Filed:
10/26/2017
Case Name: 
Environmental Research Center, Inc. v. Elemis, et al.
Court Name: 
Alameda County Superior Court - Hayward
Court Docket Number: 
RG17880587
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Anne Barker
Defendant: 
Elemis Ltd.
Elemis USA Inc.
Steiner Leisure Limited
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
Anne Barker
Contact Organization: 
Environmental Research Center, Inc.
Email Address:
abarker.erc@gmail.com
Address: 
3111 Camino Del Rio North, Suite 400
City, State, Zip:
San Diego, CA 92127
Phone Number:
(619) 500-3090
Settlement
AG Number:
2017-00613
Settlement PDF: 
PDF icon 2017-00613S6229.PDF
Settlement Date:
12/18/2017
Case Name: 
Environmental Research Center, Inc. v. Elemis, et al.
Court Name: 
Alameda County Superior Court - Hayward
Court Docket Number: 
RG17880587
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Anne Barker
Defendant: 
Elemis Ltd.
Elemis USA Inc.
Steiner Leisure Limited
Injunctive Relief: 
Within six months after effective date, which is the date judgment is entered by the Court, defendant shall be permanently enjoined from manufacturing, distributing or directly selling any product identified in the consent judgment into California which exposes a consumer to more than 0.5 micrograms per day of lead when maximum suggested dose is taken as directed on the product label, unless it meets the warning requirements under Section 3.2 of the Consent Judgment.
*Non-Contingent Civil Penalty:
$ 20,411.00
Attorney(s) Fees and Costs:
$ 21,781.00
Payment in Lieu of Penalty:
$ 15,308.00  (Dollar amounts are rounded. Actual amounts: Attorney fees & costs: $21,781.41, civil penalty: $20,410.63, and additional settlement payment (ASP): $15,307.96, shall be distributed pursuant to California Code of Regulations, title 11, sections 3203, subdivision (d) and 3204. ERC will utilize the ASP for activities detailed below that 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 cadmium 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 (55­70%): obtaining, shipping, analyzing, and testing dietary supplement products that may contain lead and/or cadmium and are sold to California consumers; 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 cadmium (which necessarily includes additional work purchasing, processing, analyzing and testing consumer products; litigating matters that result in defaults, bankruptcies, or dismissals; (2) VOLUNTARY COMPLIANCE PROGRAM (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 implementing a self-­testing program for lead and/or cadmium in dietary supplement products; (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 demonstrate how the ASP funds will be spent and can assure that the funds are being spent on the activities described herein. ERC shall provide the Attorney General, within thirty days of any request, copies of documentation demonstrating how such funds have been spent.) )
Total Payments:
$ 57,500.00
Will settlement be submitted to court?
Yes
Contact Name: 
Anne Barker
Contact Organization: 
Environmental Research Center, Inc.
Email Address:
abarker.erc@gmail.com
Address: 
3111 Camino Del Rio North, Suite 400
City, State, Zip:
San Diego, CA 92108
Phone Number:
(619) 500-3090
Judgment
AG Number:
2017-00613
Judgment PDF: 
PDF icon 2017-00613J3717.pdf
Judgment Date:
02/07/2018
Settlement reported to AG: 
Mon, 12/18/2017
Case Name: 
Environmental Research Center, Inc. v. Elemis, et al.
Court Name: 
Alameda County Superior Court - Hayward
Court Docket Number: 
RG17880587
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Anne Barker
Defendant: 
Elemis Ltd.
Elemis USA Inc.
Injunctive Relief: 
3.1 Within six (6) months after the Effective Date (date judgment entered by Court), Elemis 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 Products which expose a person to a “Daily Lead Exposure Level” of more than 0.5 micrograms of lead per day, or the No Significant Risk Level (“NSRL”) or Maximum Allowable Dose Levels (“MADL”) established by the California Office of Environmental Health Hazard Assessment (“OEHHA”) unless it meets the warning requirements under Section 3.2.
*Non-Contingent Civil Penalty:
$ 20,411.00
Attorney(s) Fees and Costs:
$ 21,781.00
Payment in Lieu of Penalty:
$ 15,308.00  ($ 15,308.00 (Dollar amounts are rounded. Actual amounts: Attorney fees & costs: $21,781.41, civil penalty: $20,410.63, and additional settlement payment (ASP): $15,307.96, shall be distributed pursuant to California Code of Regulations, title 11, sections 3203, subdivision (d) and 3204. ERC will utilize the ASP for activities detailed below that 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 cadmium 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 (5570%): obtaining, shipping, analyzing, and testing dietary supplement products that may contain lead and/or cadmium and are sold to California consumers; 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 cadmium (which necessarily includes additional work purchasing, processing, analyzing and testing consumer products; litigating matters that result in defaults, bankruptcies, or dismissals; (2) VOLUNTARY COMPLIANCE PROGRAM (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 implementing a self-testing program for lead and/or cadmium in dietary supplement products; (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 demonstrate how the ASP funds will be spent and can assure that the funds are being spent on the activities described herein. ERC shall provide the Attorney General, within thirty days of any request, copies of documentation demonstrating how such funds have been spent.) ) )
Total Payments:
$ 57,500.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Anne Barker
Contact Organization: 
Environmental Research Center, Inc.
Email Address:
abarker.erc@gmail.com
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.