60 Day Notice 2010-00265

AG Number: 
2010-00265
Notice PDF: 
Date Filed: 
06/29/2010
Noticing Party: 
Environmental Research Center
Alleged Violators: 
Reliv International, Inc.
Chemicals: 
Lead
Source: 
Herbal dietary supplements
Comments: 
This notice was withdrawn in part by letter to the Office of the Attorney General dated October 22, 2010.

60-Day Notice Document

Civil Complaint
AG Number:
2010-00265
Complaint PDF: 
Date Filed:
01/14/2013
Case Name: 
Environmental Research Center v. Reliv International, Inc.
Court Name: 
Marin County Superior Court
Court Docket Number: 
CIV 1300429
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund
Defendant: 
Reliv International, Inc.
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
Michael Freund
Contact Organization: 
Law Office of Michael Freund
Email Address:
Address: 
1919 Addison Street, Suite 105
City, State, Zip:
Berkeley, CA 94704
Phone Number:
(510) 540-1992
Fax Number:
(510) 540-5543
Comments: 
Also includes A.G. Nos. 2010-00485 and 2011-00024
Settlement
AG Number:
2010-00265
Settlement PDF: 
Settlement Date:
04/10/2013
Case Name: 
Environmental Research Center v. Reliv International, Inc.
Court Name: 
Marin County Superior Court
Court Docket Number: 
CIV1300429
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund
Defendant: 
Reliv International, Inc.
Injunctive Relief: 
Reliv shall 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 meet the warning requirements in Section 3.2.
*Non-Contingent Civil Penalty:
$ 8,800.00
Attorney(s) Fees and Costs:
$ 42,750.00
Payment in Lieu of Penalty:
$ 25,950.00  ($25,950 to in lieu of further civil penalties for such activities as 1) continued enforcement of Proposition 65; 2) continued monitoring of past consent judgments and settlements to ensure compliance; and 3) awarding a donation of 1300 to the West County Toxics Coalition to assist the organization's efforts to reduce toxic chemical exposures within the City of Richmond, CA.)
Total Payments:
$ 77,500.00
Will settlement be submitted to court?
Yes
Contact Name: 
Michael Freund
Contact Organization: 
Law Offices 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: 
Also includes A.G. Nos. 2010-00485 and 2011-00024.
Judgment
AG Number:
2010-00265
Judgment PDF: 
Judgment Date:
08/14/2013
Settlement reported to AG: 
Wed, 04/10/2013
Case Name: 
Environmental Research Center v. Reliv International, Inc.
Court Name: 
Marin County Superior Court
Court Docket Number: 
CIV1300429
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund
Defendant: 
Reliv International, Inc.
Injunctive Relief: 
Any Covered Product manufactured by Reliv after the Effective Date that Reliv thereafter 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) not expose any person to a daily dose of 0.5 micrograms of lead when the maximum daily dose is taken as directed on the product label, or 2) meet the warning requirement set out in Section 3.2.
*Non-Contingent Civil Penalty:
$ 8,800.00
Attorney(s) Fees and Costs:
$ 42,750.00
Payment in Lieu of Penalty:
$ 25,950.00  ($24,650 to ERC in lieu of payment for continued enforcement of Proposition 65, which includes analysis, work and testing consumer products; continued monitoring of prior consents judgments and settlements and $1,300 to the West County Toxics Coalition to assist the organization's efforts to reduce toxic chemical exposures within the City of Richmond, California. )
Total Payments:
$ 77,500.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Michael Freund
Contact Organization: 
Michael Freund & Associates
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.