60 Day Notice 2010-00322

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2010-00322
Notice PDF: 
PDF icon 2010-00322.pdf
Date Filed: 
07/09/2010
Noticing Party: 
Environmental Research Center
Alleged Violators: 
Medical Research Institute
Chemicals: 
Lead
Source: 
Herbal dietary supplements
Comments: 
This notice was withdrawn in part by letter to Office of the Attorney General dated September 24, 2010.

60-Day Notice Document

Civil Complaint
AG Number:
2010-00322
Complaint PDF: 
PDF icon 2010-00322C2430.pdf
Date Filed:
06/05/2012
Case Name: 
Environmental Research Center v. VMI Nutrition et al.
Court Name: 
Marin County Superior Court
Court Docket Number: 
CIV 1202584
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund
Defendant: 
VMI Nutrition, Inc. and Medical Research Institute
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: 
The complaint also covers A.G. Nos 2010-00609 and 2011-00036 regarding Medical Research Institute
Corrected Settlement
AG Number:
2010-00322
Settlement PDF: 
PDF icon 2010-00322S2237.pdf
Settlement Date:
09/06/2012
Case Name: 
Environmental Research Center v. VMI Nutrition, Inc. et al.
Court Name: 
Marin County Superior Court
Court Docket Number: 
CIV1202584
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund
Defendant: 
VMI Nutrition, Inc. and Medical Research Institute
Injunctive Relief: 
Defendants shall be permanently enjoined from manufacturing for sale in California, distributing into California, or directly selling to a consumer in California any Covered Product for which the maximum daily dose recommended on the label contains more than 0.5 micrograms of lead unless such product complies with the warning requirement. Defendant shall test at least five randomly selected products at a minimum of once per year for a period of four years and shall provide copies to ERC upon written request.
*Non-Contingent Civil Penalty:
$ 6,500.00
Attorney(s) Fees and Costs:
$ 48,616.00
Payment in Lieu of Penalty:
$ 19,884.00  (19884 in lieu of further civil penalties for activities such as 1) investigating, researching & testing consumer products that may contain Proposition 65 chemicals; 2)the continued monitoring of past consent judgments and settlements to ensure companies are in compliance with Proposition 65; and 3) awarding grants to California non-profit foundations/entities dedicated to public health. )
Total Payments:
$ 75,000.00
Will settlement be submitted to court?
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
Comments: 
This Consent Judgment has been corrected to replace Alameda County Superior Court with Marin County Superior Court on the caption page and on Paragraph 2 regarding the appropriate venue. No other changes have been made.
Settlement
AG Number:
2010-00322
Settlement PDF: 
PDF icon 2010-00322S2194.pdf
Settlement Date:
09/06/2012
Case Name: 
Environmental Research Center v. VMI Nutrition et al.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
CIV1202584
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund
Defendant: 
VMI Nutrition, Inc. and Medical Research Institute
Injunctive Relief: 
Defendants shall be permanently enjoined from manufacturing for sale in California, distributing into California, or directly selling to a consumer in California any Covered Products for which the maximum daily dose recommended on the label contains more than 0.5 micrograms of lead unless such Covered Product contains a Proposition warning. Defendant shall test the Covered Products for lead to ensure lead levels are below 0.5 micrograms per day.
*Non-Contingent Civil Penalty:
$ 6,500.00
Attorney(s) Fees and Costs:
$ 48,616.00
Payment in Lieu of Penalty:
$ 19,884.00  ($19,884 in lieu of further civil penalties for activities such as investigating, researching and testing consumer products that may contain Proposition 65 chemicals; monitoring of consent judgments; and awarding grants to California non-profit foundations/entities dedicated to public health.)
Total Payments:
$ 75,000.00
Will settlement be submitted to court?
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
Judgment
AG Number:
2010-00322
Judgment PDF: 
PDF icon 2010-00322J1679.pdf
Judgment Date:
11/06/2012
Settlement reported to AG: 
Thu, 09/06/2012
Case Name: 
Environmental Research Center v. VMI Nutrition, Inc. et al.
Court Name: 
Marin County Superior Court
Court Docket Number: 
CIV1202584
Plaintiff: 
Environmental Research Center
Plaintiff Attorney: 
Michael Freund
Defendant: 
VMI Nutrition, Inc. and Medical Research Institute
Injunctive Relief: 
Defendants shall be permanently enjoined from manufacturing for sale, distributing or directly selling to a consumer in California any Covered Product for which the maximum daily dose recommended on the label contains more than 0.5 micrograms of lead unless such product complies with the warning requirement. Defendants shall modify the label on MRI No2 Ripcuts Cellular Fat Burn-Grape and War Berry Attack so that the number of servings per day for each product is one. Defendants shall engage in a testing program.
*Non-Contingent Civil Penalty:
$ 6,500.00
Attorney(s) Fees and Costs:
$ 24,500.00
Payment in Lieu of Penalty:
$ 44,000.00  (24116 for reimbursement of ERC's costs and 19884 in lieu of further civil penalties for such activities as investigating and testing consumer products that may contain Proposition 65 chemicals; monitoring of past consent judgment; and awarding grants to California nonprofit foundations dedicated to public health.)
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.