Settlement Date:
10/28/2013
Case Name:
Environmental Research Center v. AdvoCare International, L.P
Court Name:
Alameda County Superior Court
Plaintiff:
Environmental Research Center, Inc.
Defendant:
AdvoCare International, L.P.
Injunctive Relief:
Any Covered Products manufactured after the Effective Date that AdvoCare sells in California, markets or distributes for sale into California, or offers for sale to a third party for retail sale to California must either: (1) qualify as a reformulated Covered Product or (2) meet the warning requirement. AdvoCare shall provide the warning on all of the following: 1) on AdvoCare's checkout page on its website for California consumers; 2) on AdvoCare's insert in boxes of Covered Products shipped to California; and 3) on AdvoCare's receipt/order confirmation e-mailed to California customers for Covered Products.
*Non-Contingent Civil Penalty:
$ 32,692.00
Attorney(s) Fees and Costs:
$ 66,992.00
Payment in Lieu of Penalty:
$ 98,084.00 (In lieu payments include a donation of $4,985.00 to the Center for Environmental Health to address reducing toxic chemical exposures in California and the remaining $93,099.00 to Environmental Research Center for future Prop 65 activities as well as monitoring previous settlements)
Total Payments:
$ 197,768.00
Will settlement be submitted to court?
Contact Organization:
Michael Freund & Associates
Address:
1919 Addison Street, Suite 105
City, State, Zip:
Berkeley , CA 94704
Phone Number:
(510) 540-1992
Fax Number:
(510) 540-5543
