Judgment Date:
12/04/2012
Settlement reported to AG:
Case Name:
Environmental Research Center v. Allergy Research Group, Inc
Court Name:
San Francisco Superior Court
Plaintiff:
Environmental Research Center
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?
Contact Organization:
Law Office of Michael Freund
City, State, Zip:
Berkeley, CA 94704
Phone Number:
(510) 540-1992
Fax Number:
(510) 540-5543