60 Day Notice 2012-00588

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2012-00588
Notice PDF: 
PDF icon 2012-00588.pdf
Date Filed: 
09/17/2012
Noticing Party: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Richard Drury
Alleged Violators: 
The Clean Program Corporation
Metagenics, Inc.
Chemicals: 
Lead
Source: 
Dietary supplement
NOTE: 
This notice was withdrawn as to Metagenics, Inc. by letter to the Office of the Attorney General dated November 30, 2012.

60-Day Notice Document

Settlement
AG Number:
2012-00588
Settlement PDF: 
PDF icon 2012-00588S2586.pdf
Settlement Date:
03/12/2013
Case Name: 
Environmental Research Center Inc. v. The Clean Program Corp
Court Name: 
Out of court settlement
Court Docket Number: 
Out of court settlement
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Richard Drury, Lozeau Drury LLP
Defendant: 
The Clean Program Corp.
Injunctive Relief: 
The Clean Program shall not manufacture for sale, distribute into, or directly sell the products covered by the settlement agreement ("Covered Products") in the State of California, which expose a person to a daily dose of more than 0.5 micrograms of lead per day unless it provides a warning as specified by the settlement agreement. If The Clean Program is successful with reformulation of the Covered Products to the satisfaction of the requirements in the settlement agreement, The Clean Program may offer the Covered Products for sale in California without the aforementioned warning.
*Non-Contingent Civil Penalty:
$ 4,000.00
Attorney(s) Fees and Costs:
$ 0.00
Payment in Lieu of Penalty:
$ 39,500.00  ($11,960 to Environmental Research Center "in lieu of further civil penalties" $27,540 as reimbursement to Environmental Research Center for reasonable investigation and consulting costs associated with this Proposition 65 enforcement.)
Total Payments:
$ 43,500.00
Will settlement be submitted to court?
No
Contact Name: 
Richard Drury
Contact Organization: 
Lozeau Drury LLP
Email Address:
richard@lozeaudrury.com
Address: 
410 12th Street, Suite 250
City, State, Zip:
Oakland, CA 94607
Phone Number:
(510) 836-4200

* 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.