60 Day Notice 2011-00950

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2011-00950
Notice PDF: 
PDF icon 2011-00950.pdf
Date Filed: 
10/21/2011
Noticing Party: 
Environmental Research Center
Alleged Violators: 
Betty Lou's, Inc.
Chemicals: 
Lead
Source: 
Dietary supplements

60-Day Notice Document

Settlement
AG Number:
2011-00950
Settlement PDF: 
PDF icon 2011-00950S2494.pdf
Settlement Date:
01/08/2013
Case Name: 
Environmental Research Center v. Betty Lou's, Inc.
Court Name: 
Orange County Superior Court
Court Docket Number: 
30-2012-00621474-
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
William F. Wraith
Defendant: 
Betty Lou's, Inc.
Injunctive Relief: 
A testing protocol for lead content; warning
*Non-Contingent Civil Penalty:
$ 4,260.00
Attorney(s) Fees and Costs:
$ 22,968.00
Payment in Lieu of Penalty:
$ 12,772.00  ($12,772.50 in lieu of further civil penalties, payable to ERC, for activities such as (1), researching and testing consumer products that may contain Proposition 65 listed chemicals; (2) awarding grants to California non-profit foundations/entities dedicated to public health; (3) funding the ERC Eco Scholarship Fund for high school students in California interested in pursuing an education in the field of environmental sciences; (4) funding ERC’s Voluntary Compliance Program to work with companies not subject to Proposition 65 to reformulate their products to reduce potential consumer exposures; (5) funding ERC’s RxY Program to assist various medical personnel to provide testing assistance to independent distributors of various products; (6) funding ERC’s Got Lead? Program to assist consumers in testing products for lead; (7) post-settlement monitoring of past consent judgments; and (8) the continued enforcement of Proposition 65. )
Total Payments:
$ 40,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
William F. Wraith
Contact Organization: 
Wraith Law
Email Address:
wraithlaw@earthlink.net
Address: 
16485 Laguna Canyon Road, Suite 250
City, State, Zip:
Irvine, CA 92618
Phone Number:
(949) 251-9977
Comments: 
This settlement is for this matter and AG Number 2012-00510. The one settlement is being reported in both matters.
Judgment
AG Number:
2011-00950
Judgment PDF: 
PDF icon 2011-00950J1814.PDF
Judgment Date:
04/29/2013
Settlement reported to AG: 
Tue, 01/08/2013
Case Name: 
Environmental Research Center v. Betty Lou's, Inc.
Court Name: 
Orange County Superior Court
Court Docket Number: 
30-2012-00621474
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
William F. Wraith
Defendant: 
Betty Lou's, Inc.
Injunctive Relief: 
Enjoinder of Defendant from manufacturing for sale in California, distributing into California, or directly selling to a consumer in California any Covered Product for which the serving size on the label contains more than 0.5 micrograms of lead, unless such Covered Product complies with the warning set forth in the Consent Judgment; Testing Protocol
*Non-Contingent Civil Penalty:
$ 4,260.00
Attorney(s) Fees and Costs:
$ 22,967.00
Payment in Lieu of Penalty:
$ 12,773.00  (Payment in Lieu of Penalty to ERC)
Total Payments:
$ 40,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
William F. Wraith
Contact Organization: 
Wraith Law
Email Address:
wraithlaw@earthlink.net
Address: 
16485 Laguna Canyon Road, Suite 250
City, State, Zip:
Irvine, CA 92618
Phone Number:
(949) 251-9977
Fax Number:
(949) 251-9978

* 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.