60 Day Notice 2010-00745

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2010-00745
Notice PDF: 
PDF icon 2010-00745.pdf
Date Filed: 
12/23/2010
Noticing Party: 
Environmental Research Center
Alleged Violators: 
The Himalaya Drug Company
Chemicals: 
Lead
Source: 
Dietary supplement

60-Day Notice Document

Supplemental Complaint
AG Number:
2010-00745
Complaint PDF: 
PDF icon 2010-00745C1973.pdf
Date Filed:
03/04/2011
Case Name: 
ERC v. Himalaya
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG10545713
Plaintiff: 
Environmental Reserch Center
Defendant: 
Himalaya Drug Company
Type of Claim: 
Failure to Warn
Relief Sought: 
Civil Penalty
Contact Name: 
Michael Freund
Contact Organization: 
Law Offices of Michael Freund
Email Address:
freund1@aol.com
Address: 
1915 Addison
City, State, Zip:
Berkeley, CA 94704
Phone Number:
(510) 540-1992
Fax Number:
(510) 540-5543
Comments: 
Settlement
AG Number:
2010-00745
Settlement PDF: 
PDF icon 2010-00745S2236.pdf
Settlement Date:
10/04/2012
Case Name: 
Environmental Research Center v. Himalaya
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG10545713
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund
Defendant: 
The Himalaya Drug Company
Injunctive Relief: 
Any products manufactured on or after the Compliance Deadline that Himalaya thereafter sells, markets or distributes for sale in California, or offers for sale to a third party for retail sale to California must either qualify as a reformulated product or meet the warning requirement. Himalaya shall test at least five randomly selected samples for lead for at least four years, at least once each year.
*Non-Contingent Civil Penalty:
$ 46,000.00
Attorney(s) Fees and Costs:
$ 90,858.00
Payment in Lieu of Penalty:
$ 138,142.00  (138142 in lieu of further civil penalties for activities such as 1) analysis, researching & testing consumer products that may contain Proposition 65 chemicals; 2) awarding grants to California non-profit foundations/entities dedicated to public health;aiding various cancer research centers and organizations in their ongoing efforts to assist families and children in cancer treatment facilities; post-settlement monitoring of past consent judgments and continuing enforcement of Proposition 65. )
Total Payments:
$ 275,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Alameda County Superior Court
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: 
Also includes A.G. Nos. 2010-00678 and 2012-00509.
Supplemental Judgment
AG Number:
2010-00745
Judgment PDF: 
PDF icon 2010-00745J1937.pdf
Judgment Date:
01/15/2014
Settlement reported to AG: 
Thu, 10/04/2012
Case Name: 
Environmental Research Center v. The Himalaya Drug Company
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG10545713
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund
Defendant: 
The Himalaya Drug Company
Injunctive Relief: 
See Original Judgment entered.
*Non-Contingent Civil Penalty:
$ 46,000.00
Attorney(s) Fees and Costs:
$ 63,289.00
Payment in Lieu of Penalty:
$ 138,142.00  (Payment in lieu of penalty to ERC)
Total Payments:
$ 247,431.00
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
Judgment
AG Number:
2010-00745
Judgment PDF: 
PDF icon 2010-00745J1695.pdf
Judgment Date:
11/28/2012
Settlement reported to AG: 
Thu, 10/04/2012
Case Name: 
Environmental Research Center v. The Himalaya Drug Company
Court Name: 
Alameda County Superior Court
Court Docket Number: 
rg10545713
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund
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?
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.