60 Day Notice 2010-00254

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2010-00254
Notice PDF: 
PDF icon 2010-00254.pdf
Date Filed: 
06/29/2010
Noticing Party: 
Environmental Research Center
Alleged Violators: 
4Life Research, LLC
Chemicals: 
Lead
Source: 
Herbal dietary supplements

60-Day Notice Document

Civil Complaint
AG Number:
2010-00254
Complaint PDF: 
PDF icon 2010-00254C2432.pdf
Date Filed:
06/06/2012
Case Name: 
Environmental Research Center v. 4Life Research, LLC
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG 12633342
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund
Defendant: 
4Life Research, LLC
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
Michael Freund
Contact Organization: 
Law Office of Michael Freund
Email Address:
freund1@aol.com
Address: 
1919 Addison Street, Suite 105
City, State, Zip:
Berkeley , CA 94704
Phone Number:
(510) 540-1992
Fax Number:
(510) 540-5543
Comments: 
Complaint covers Nos. 2010-00490 and 2011-00038
Settlement
AG Number:
2010-00254
Settlement PDF: 
PDF icon 2010-00254S2099.pdf
Settlement Date:
06/08/2012
Case Name: 
Environmental Research Center v. 4Life Research, LLC
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG 12633342
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund
Defendant: 
4Life Research, LLC
Injunctive Relief: 
4Life will not knowingly ship Covered Products to California or to a third party for distribution or sale in Califonria, unless 1) these products do not expose any person to a daily dose of more than 0.5 microgrmas of lead when the maximum daily dose is taken as directed on the product label; or 2) the products contain a Proposition 65 compliant warning; or 3) the Court or OEHHA determines that no such warning is required.
*Non-Contingent Civil Penalty:
$ 6,448.00
Attorney(s) Fees and Costs:
$ 49,210.00
Payment in Lieu of Penalty:
$ 19,342.00  (19342 in lieu of further civil penalties )
Total Payments:
$ 75,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Michael Freund
Contact Organization: 
Law Offce of Michael Freund
Email Address:
freund1@aol.com
Address: 
1919 Addison Street, Suite 105
City, State, Zip:
Berkeley , CA 94704
Phone Number:
(510) 540-1992
Fax Number:
(510) 540-5543
Comments: 
Settlement also includes A.G. Nos. 2010-00490 and 2011-00038.
Judgment
AG Number:
2010-00254
Judgment PDF: 
PDF icon 2010-00254J1697.pdf
Judgment Date:
12/03/2012
Settlement reported to AG: 
Mon, 06/04/2012
Case Name: 
Environmental Research Center v. 4Life Research, LLC
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG12633342
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund
Defendant: 
4Life Research, LLC
Injunctive Relief: 
On or after the Effective Date, 4Life will not knowingly ship Covered Products to California or to a third party for distribution or sale in California, unless (1) these products do not expose any person to a daily dose of more than 0.5 micrograms of lead when the maximum daily dose is take as directed on the product label; or (2)the products contain a Proposition 65 warning.
*Non-Contingent Civil Penalty:
$ 6,448.00
Attorney(s) Fees and Costs:
$ 49,210.00
Payment in Lieu of Penalty:
$ 19,342.00  ($19342 in lieu of further civil penalties for activities such as (1) investigating, researching and testing consumer products; (2) awarding a grant to St. Judge Children's Research Hospital; (3) funding the ERC Eco Scholarship Fund for high school students in California; ($) funding ERC's Voluntary Compliance Program to work with companies not subject to Proposition 65 to reformulate their products to reduce potential consumer exposures; (5) funding ERC's RxY Program to assist various medical personnel to provide testing assistance to independent distributors of various products; (6) funding ERC's Got Lead? Program to assist consumer in testing products for lead; (7) funding the ERC Cancer Scholarship Fund to provide scholarships to college students in California who have previously been diagnosed with cancer; (8) aiding cancer research centers and organizations in their efforts to assist families and children in cancer treatment facilities; (9) supporting and increasing ERC's Database of lead-free and Proposition 65 compliant products; (10) increasing ERC's tracking and cataloging of contamination-free sources for specific ingredients used in the types of products ERC test, and sharing this information with companies to try and reduce lead levels in their products; (11) post-settlement monitoring of past consent judgments; and (12) the continuing enforcement of Proposition 65. )
Total Payments:
$ 75,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Michael Freund
Contact Organization: 
Law Office of Michael Freund
Email Address:
freund1@aol.com
Address: 
1919 Addison Street, Suite 105
City, State, Zip:
Berkeley, CA 94704
Phone Number:
(510) 540-1992
Fax Number:
510-540-5543

* 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.