Judgment Date:
11/28/2012
Settlement reported to AG:
Case Name:
Environmental Research Center v. The Himalaya Drug Company
Court Name:
Alameda County Superior Court
Plaintiff:
Environmental Research Center, Inc.
Defendant:
The Himalaya Drug Company
Injunctive Relief:
All Products manufactured after the Compliance Deadline that Himalaya sells in California, markets or distributes for sale in California, or offers for sale to a third party for retail sale in California must either (1) qualify as a Reformulated Product such that the exposure is no more than 0.5 micrograms of lead per day based on a maximum recommended daily serving or (2) meet the warning requirement. Himalaya shall conduct testing for at least four years, at least once every year.
*Non-Contingent Civil Penalty:
$ 46,000.00
Attorney(s) Fees and Costs:
$ 63,289.00
Payment in Lieu of Penalty:
$ 165,711.00 ($138142 to ERC in lieu of further civil penalties for activities such as researching & testing consumer products; awarding; awarding grants to California non-profit foundations/entities dedicated to public health; funding ERC Eco Scholarship 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; funding ERC's RxY Program to assist medical personnel to provide testing assistance to independent distributors of various products; funding ERC's Got Lead? Program to assist consumers in testing products for lead; funding ERC's Cancer Scholarship Fund;aiding various cancer research centers to assist families and children in cancer treatment facilities; supporting ERC's Database of lead-free products; increasing ERC's tracking and cataloging of contamination free sources for specific ingredients; post-settlement monitoring of past consent judgments; and continuing enforcement of Proposition 65. $27569as reimbursement to ERC for reimbursement of costs. )
Total Payments:
$ 275,000.00
Is Judgment Pursuant to Settlement?
Contact Organization:
Law Office of Michael Freund
Address:
1919 Addison Street, Suite 105
City, State, Zip:
Berkeley , CA 94704
Phone Number:
(510) 540-1992
Fax Number:
(510) 540-5543