Case Name:
Environmental Research Center v NAC Marketing Company, LLC
Court Name:
Alameda County Superior Court
Plaintiff:
Environmental Research Center, Inc.
Defendant:
NAC MARKETING COMPANY, LLC, doing business as NEW VITALITY
Injunctive Relief:
1A. Beginning on the Effective Date, NAC MARKETING COMPANY, LLC, doing business as NEW VITALITY (“NAC”) shall be permanently enjoined from manufacturing for sale in the State of California, “Distributing into the State of California”, or directly selling in the State of California, any New Vitality® ROYAL GREENS Ultra Blend (“Royal Greens”), New Vitality® RUBY REDS (“Ruby Reds”) and/or New Vitality® Aloe Ease Colon and Body Cleanse (“Aloe Ease”) products (“The Covered Products”) which expose a person to a “Daily Lead Exposure Level” of more than 0.5 micrograms per day of lead when the maximum suggested dose is taken as directed on the Covered Product’s label, unless it meets the warning requirements in Paragraph 1D.
1.B The term “Distributing into the State of California” shall mean to directly ship a Covered Product into California for sale in California or to sell a Covered Product to a distributor that NAC knows will sell the Covered Product in California.
1.C The “Daily Lead Exposure Level” shall be measured in micrograms, and shall be calculated using the following formula: micrograms of lead per gram of product, multiplied by grams of product per serving of the product (using the largest serving size appearing on the product label), multiplied by servings of the product per day (using the largest number of servings in a recommended dosage appearing on the product label), which equals micrograms of lead exposure per day.
1.D If NAC is required to provide a warning pursuant to Section 1A, the following warning must be utilized:
WARNING: This product contains lead, a chemical known to the State of California to cause [cancer and] birth defects or other reproductive harm.
NAC shall use the phrase “cancer and” in the warning only if the maximum daily dose recommended on the label contains more than 15 micrograms of lead as determined pursuant to the Daily Lead Exposure Level formula set forth in 1C.
The warning shall be securely affixed to or printed upon the container or label of each Covered Product or included on the packing slip or invoice included with the shipped product.
The warning shall be at least the same size as the largest of any other health or safety warnings also appearing on its website or on the label, packing slip, invoice, or container of NAC’s product packaging and the word “WARNING” shall be in all capital letters and in bold print.
NAC must display the above warnings with such conspicuousness, as compared with other words, statements, or design of the packing slip, invoice, label or container, as applicable, to render the warning likely to be read and understood by an ordinary individual under customary conditions of purchase or use of the product.
For a warning appearing on the packing slip or invoice, the warning shall identify with an asterisk (or some other identifying method) each product to which the warning applies and NAC shall not include a warning that does not identify (with an asterisk or some other identifying method) the product to which the warning applies.
Address:
24422 Avenida de la Carlota, Suite 400
