60 Day Notice 2011-00733

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2011-00733
Notice PDF: 
PDF icon 2011-00733.pdf
Date Filed: 
08/05/2011
Noticing Party: 
Environmental Research Center
Alleged Violators: 
Clif Bar & Company
Chemicals: 
Lead and lead compounds
Source: 
Dietary supplement

60-Day Notice Document

Civil Complaint
AG Number:
2011-00733
Complaint PDF: 
PDF icon 2011-00733C3269.pdf
Date Filed:
07/18/2013
Case Name: 
ERC v. Clif Bar & Company
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-13-532935
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Philip T. Emmons
Defendant: 
Clif Bar & Company
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
Philip T. Emmons
Contact Organization: 
Law Office of Philip T. Emmons
Email Address:
p-emmons@hotmail.com
Address: 
1990 N. California Blvd., 8th Floor
City, State, Zip:
Walnut Creek, CA 94596
Phone Number:
925-287-6436
Fax Number:
925-287-6437
Comments: 
This complaint also incorporates AG#2010-00670.
Corrected Settlement
AG Number:
2011-00733
Settlement PDF: 
PDF icon 2011-00733S3773.pdf
Settlement Date:
11/19/2014
Case Name: 
Environmental Research Center v. Clif Bar & Company
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-13-532935
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Philip T. Emmons
Defendant: 
Clif Bar & Company
Injunctive Relief: 
Reformulation and testing requirements for three years.
*Non-Contingent Civil Penalty:
$ 98,493.00
Attorney(s) Fees and Costs:
$ 102,515.00
Payment in Lieu of Penalty:
$ 98,492.00  (The specific amount of the payment in lieu of penalty is $98,492.32. The specific amount of the attorney's fees and costs is $102,514.68, which consists of $62,137.50 for attorney's fees and $40,377.18 for reimbursement to plaintiff for its reasonable costs associated with enforcement of Proposition 65 and other expenses and costs incurred as a result of investigating, bringing this matter to defendant's attention, litigating and negotiating this settlement. The settlement also provides for an additional alternate payment of $500 to plaintiff if defendant cannot meet a compliance date for one of the products at issue, after which defendant is required have that last product in compliance by a final compliance date.)
Total Payments:
$ 299,500.00
Will settlement be submitted to court?
Yes
Contact Name: 
Philip T. Emmons
Contact Organization: 
Law Office of Philip T. Emmons
Email Address:
p-emmons@hotmail.com
Address: 
1990 N. California Blvd., 8th Floor
City, State, Zip:
Walnut Creek, CA 94596
Phone Number:
925-287-6436
Fax Number:
925-287-6437
Comments: 
This is a combined settlement of AG#2010-00670 and AG#2011-00733.
Settlement
AG Number:
2011-00733
Settlement PDF: 
PDF icon 2011-00733S3662.pdf
Settlement Date:
09/22/2014
Case Name: 
Environmental Research Center v. Clif Bar & Company
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-13-532935
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Philip T. Emmons
Defendant: 
Clif Bar & Company
Injunctive Relief: 
Reformulation and testing requirements for three years.
*Non-Contingent Civil Penalty:
$ 98,493.00
Attorney(s) Fees and Costs:
$ 102,515.00
Payment in Lieu of Penalty:
$ 98,492.00  (The specific amount of the payment in lieu of penalty is $98,492.32. The specific amount of the attorney's fees and costs is $102,514.68, which consists of $62,137.50 for attorney's fees and $40,377.18 for reimbursement to plaintiff for its reasonable costs associated with enforcement of Proposition 65 and other expenses and costs incurred as a result of investigating, bringing this matter to defendant's attention, litigating and negotiating this settlement. The settlement also provides for an additional alternate payment of $500 to plaintiff if defendant cannot meet a compliance date for one of the products at issue, after which defendant is required have that last product in compliance by a final compliance date.)
Total Payments:
$ 299,500.00
Will settlement be submitted to court?
Yes
Contact Name: 
Philip T. Emmons
Contact Organization: 
Law Office of Philip T. Emmons
Email Address:
p-emmons@hotmail.com
Address: 
1990 N. California Blvd., 8th Floor
City, State, Zip:
Walnut Creek, CA 94596
Phone Number:
(925) 287-6436
Fax Number:
(925) 287-6437
Comments: 
This is a combined settlement of AG#2010-00670 and AG#2011-00733.
Judgment
AG Number:
2011-00733
Judgment PDF: 
PDF icon 2011-00733J2535.pdf
Judgment Date:
11/21/2014
Settlement reported to AG: 
Wed, 11/19/2014
Case Name: 
Environmental Research Center v. Clif Bar & Company
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-13-532935
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Philip T. Emmons
Defendant: 
Clif Bar & Company
Injunctive Relief: 
Reformulation and testing requirements for two years.
*Non-Contingent Civil Penalty:
$ 98,493.00
Attorney(s) Fees and Costs:
$ 102,515.00
Payment in Lieu of Penalty:
$ 98,492.00  (The specific amount of the in lieu of penalty is $98,492.32. The specific amount of the attorney's fees and costs is $102,514.68, which consists of $62,137.50 for attorney's fees and $40,377.18 for reimbursement to plaintiff for its reasonable costs associated with enforcement of Proposition 65 and other expenses and costs incurred as a result of investigating, bringing this matter to defendant's attention, litigating and negotiating this settlement. The settlement also provides for an additional alternate payment of $500 to plaintiff if defendant cannot meet a compliance date for one of the products at issue, after which defendant is required to have that last product in compliance by a final compliance date.)
Total Payments:
$ 299,500.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Philip T. Emmons
Contact Organization: 
Law Office of Philip T. Emmons
Email Address:
p-emmons@hotmail.com
Address: 
1990 N. California Blvd., 8th Floor
City, State, Zip:
Walnut Creek, CA 94596
Phone Number:
(925) 287-6436
Fax Number:
(925) 287-6437

* 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.