60 Day Notice 2011-00033

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2011-00033
Notice PDF: 
PDF icon 2011-00033.pdf
Date Filed: 
01/14/2011
Noticing Party: 
Environmental Research Center
Alleged Violators: 
Allergy Research Group, Inc.
Nutricology, Inc.
Chemicals: 
Lead
Source: 
Dietary supplement

60-Day Notice Document

Civil Complaint
AG Number:
2011-00033
Complaint PDF: 
PDF icon 2011-00033C2538.pdf
Date Filed:
07/20/2012
Case Name: 
Environmental Research Center v. Allergy Research Group
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC11512615
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund
Defendant: 
Allergy Research Group, Inc. and Nutricology, 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:
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 Attorney General Nos. 2011-00202 and 2012-00316
Supplemental Settlement
AG Number:
2011-00033
Settlement PDF: 
PDF icon 2011-00033S2303.pdf
Settlement Date:
11/28/2012
Case Name: 
Environmental Research Center v. Allergy Research Group, Inc
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC11512615
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Michael Freund
Defendant: 
Allergy Research Group, Inc. and Nutricology, Inc.
Injunctive Relief: 
Defendants shall be enjoined from manufacturing for sale in California, distributing into California or directly selling to a consumer in California any Covered Product without a Proposition 65 warning unless Defendants can demonstrate that the Covered Product does not expose any person to a daily dose of more than 0.5 micrograms of lead when the maximum daily dose is taken as directed on the product label, as verified by the exposure formula and using the testing methodology set forth in the Consent Judgment. Defendants shall conduct testing prior to selling any Covered Product in California without a warning for a period of at least four years.
*Non-Contingent Civil Penalty:
$ 21,000.00
Attorney(s) Fees and Costs:
$ 44,091.00
Payment in Lieu of Penalty:
$ 87,409.00  ($24835 to ERC as reimbursement of costs. $55124 to ERC in lieu of further civil penalties for activities such as researching and testing consumer products and the continued monitoring of past consent judgments and settlement to ensure companies are in compliance with Proposition 65. $7450 payable to Alameda County Lead Poisoning Prevention Program. )
Total Payments:
$ 152,500.00
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
Settlement
AG Number:
2011-00033
Settlement PDF: 
PDF icon 2011-00033S2230.pdf
Settlement Date:
09/21/2012
Case Name: 
Environmental Research Center v. Allergy Research Group
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC11512615
Plaintiff: 
Environmental Research Center, Inc.
Defendant: 
Allergy Research Group, Inc. and Nutricology, Inc.
Injunctive Relief: 
Defendants shall be enjoined from manufacturing for sale in California, distributing into California or directly selling to a consumer in California any Covered Product without a Proposition 65 warning, unless Defendants can demonstrate that the Covered Product does not expose any person to a daily dose of more than 0.5 micrograms of lead when the maximum daily dose is taken as directed on the product label. Defendants shall arrange for the lead testing of five randomly selected samples of each Covered Product annually for at least four years.
*Non-Contingent Civil Penalty:
$ 21,000.00
Attorney(s) Fees and Costs:
$ 68,926.00
Payment in Lieu of Penalty:
$ 55,124.00  ($55124 in lieu of further civil penalties for analysis, researching and testing of consumer products that may contain Proposition 65 chemicals and the continued monitoring of past consent judgments and settlements to ensure compliance. )
Total Payments:
$ 145,050.00
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: 
Also includes Attorney General Nos. 2011-00202 and 2012-00316
Judgment
AG Number:
2011-00033
Judgment PDF: 
PDF icon 2011-00033J1699.pdf
Judgment Date:
12/04/2012
Settlement reported to AG: 
Wed, 11/28/2012
Case Name: 
Environmental Research Center v. Allergy Research Group, Inc
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC11512615
Plaintiff: 
Environmental Research Center
Plaintiff Attorney: 
Michael Freund
Defendant: 
Allergy Research Group, Inc. & Nutricology, Inc.
Injunctive Relief: 
Defendants enjoined from manufacturing for sale in California, distributing into California or directly selling to a consumer in California any Covered Product without a Proposition 65 warning, unless Defendants can demonstrate that the product does not expose any person to a daily dose of more than 0.5 micrograms of lead when the maximum daily dose is taken as directed on the product label, as verified by the exposure formula and testing methodology set forth in the Consent Judgment. Prior to selling any Covered Product in California without a warning, Defendants shall test five randomly selected samples for lead content to ensure lead levels are below 0.5 micrograms per day.
*Non-Contingent Civil Penalty:
$ 21,000.00
Attorney(s) Fees and Costs:
$ 44,091.00
Payment in Lieu of Penalty:
$ 87,409.00  ($24835 as reimbursement of costs. $55124 in lieu of further civil penalties for activities such as (1) analysis, 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. $7450 to the Alameda County Lead Poisoning Prevention Program. )
Total Payments:
$ 152,500.00
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
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.