60 Day Notice 2011-00534

AG Number: 
2011-00534
Notice PDF: 
Date Filed: 
06/01/2011
Noticing Party: 
Environmental Research Center
Alleged Violators: 
Aloe Life International
Chemicals: 
Lead
Source: 
Dietary supplement

60-Day Notice Document

Civil Complaint
AG Number:
2011-00534
Complaint PDF: 
Date Filed:
09/04/2012
Case Name: 
Environmental Research Center v. Aloe Life International
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG12646451
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Environmental Research Center
Defendant: 
Aloe Life International, Inc.
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
Michael Freund
Contact Organization: 
Environmental Research Center
Email Address:
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:
2011-00534
Settlement PDF: 
Settlement Date:
10/01/2012
Case Name: 
Environmental Research Center v. Aloe Life International
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG12646451
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund
Defendant: 
Aloe Life International Inc.
Injunctive Relief: 
Aloe Life shall be permanently enjoined from manufacturing for sale in California, distributing in 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 contains a Proposition 65 warning. Aloe shall test the Covered Products for lead for a minimum of three years.
*Non-Contingent Civil Penalty:
$ 2,040.00
Attorney(s) Fees and Costs:
$ 19,340.00
Payment in Lieu of Penalty:
$ 6,120.00  (6120 in lieu of further civil penalties for activities such as 1) investigating, researching and testing consumer products; 2) awarding grants to California non-profit foundations/entities dedicated to public health; 3) funding the ERC Eco Scholarship Fund for California high school students; 4) post settlement monitoring of past consent judgments; 5) continued enforcement of Proposition 65 etc. )
Total Payments:
$ 27,500.00
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
Judgment
AG Number:
2011-00534
Judgment PDF: 
Judgment Date:
01/08/2013
Settlement reported to AG: 
Mon, 10/01/2012
Case Name: 
Environmenal Research Center v. Aloe Life International, Inc
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG12646451
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund
Defendant: 
Aloe Life International, Inc.
Injunctive Relief: 
Aloe Life 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 microgram of lead, unless such Covered Product complies with the warning requirement. Aloe shall test at least three randombly selected samples of each Covered Product for a minimum of three years.
*Non-Contingent Civil Penalty:
$ 2,040.00
Attorney(s) Fees and Costs:
$ 19,340.00
Payment in Lieu of Penalty:
$ 6,120.00  ($6,120 in lieu of further civil penalties for investigating, researching and testing consumer products; awarding grants to California non-profit foundations/entities dedicated to public health; funding the ERC Eco Scholarship Fund 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 assis various medical personnel to provide testing to independent distributors of consumer products; funding ERC's Got Lead? Program to assist consumers in testing products for lead; post-settlement monitoring of past consent judgments; and the continued enforcement of Proposition 65. )
Total Payments:
$ 27,500.00
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, 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.