60 Day Notice 2007-00202

AG Number: 
2007-00202
Notice PDF: 
Date Filed: 
08/20/2007
Noticing Party: 
As You Sow
Alleged Violators: 
Wholistic Botanicals, L.L.C.
Christopher's Original Formulas
Chemicals: 
Lead and lead compounds
Source: 
Herbal supplements

60-Day Notice Document

Civil Complaint
AG Number:
2007-00202
Complaint PDF: 
Date Filed:
10/30/2007
Case Name: 
AYS v. Wholistic
Court Name: 
San Francisco Superior Court
Court Docket Number: 
468669
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Andrew L. Packard
Defendant: 
Wholistic Botanicals, LLC
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Other
Complaint seeks an injunction on sales without warnings, as assessment of civil penalties, and attorney fees and costs.
Contact Name: 
Andrew L. Packard
Contact Organization: 
Law Offices of Andrew L. Packard
Address: 
319 Pleasant Street
City, State, Zip:
Petaluma, CA 94952
Phone Number:
(707) 763-7226
Fax Number:
(707) 762-9227
Comments: 
Settlement
AG Number:
2007-00202
Settlement PDF: 
Settlement Date:
06/23/2008
Case Name: 
AYS v. Wholistic
Court Name: 
San Francisco Superior Court
Court Docket Number: 
466689
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Andrew L. Packard
Defendant: 
Wholistic Botanicals, LLC
Injunctive Relief: 
No sale of products without warning if products contain lead at levels that cause exposures in excess of naturally occurring lead level allowance of 2.25 ug/day. Absolute ban of sale of products that cause exposures in excess of 10 ug/day.
*Non-Contingent Civil Penalty:
$ 10,000.00
Attorney(s) Fees and Costs:
$ 35,000.00
Payment in Lieu of Penalty:
$ 105,000.00  (Plaintiff shall forward at least 1/2 of other payments to CA nonprofit groups working to reduce exposures to toxins. Remaining funds deposited in AYS Foundation Environmental Enforcement Fund to reduce exposures to toxic chemicals.)
Total Payments:
$ 150,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Andrew L. Packard
Contact Organization: 
Law Offices of Andrew L. Packard
Address: 
319 Pleasant Street
City, State, Zip:
Petaluma, CA 94952
Phone Number:
(707) 763-7227
Fax Number:
(707) 763-9227
Comments: 
Judgment
AG Number:
2007-00202
Judgment PDF: 
Judgment Date:
10/07/2008
Settlement reported to AG: 
Mon, 06/23/2008
Case Name: 
AYS v. Wholistic
Court Name: 
San Francisco Superior Court
Court Docket Number: 
466689
Plaintiff: 
As You Sow
Defendant: 
Wholistic Botanicals, LLC
Injunctive Relief: 
No sale of products without warning if products contain lead at levels that cause exposures in excess of naturally occurring lead level allowance of 2.25 ug/day. Absolute ban of sale of products that cause exposures in excess of 10 ug/day.
*Non-Contingent Civil Penalty:
$ 10,000.00
Attorney(s) Fees and Costs:
$ 35,000.00
Payment in Lieu of Penalty:
$ 105,000.00  (Plaintiff shall forward at least 1/2 of other payments to CA nonprofit groups working to reduce exposures to toxins. Remaining funds deposited in As You Sow Foundation Environmental Enforcement Fund to reduce exposures to toxic chemicals. )
Total Payments:
$ 150,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Andrew L. Packard
Contact Organization: 
Law Office of Andrew Packard
Email Address:
Andrew@packardlaw.com
Address: 
319 Pleasant Street
City, State, Zip:
Petaluma, CA 94952
Phone Number:
(707) 763-7227
Fax Number:
(707) 763-9227


* 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.