60 Day Notice 2013-00107

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2013-00107
Notice PDF: 
PDF icon 2013-00107.pdf
Date Filed: 
01/18/2013
Noticing Party: 
Environmental Research Center, Inc.
Alleged Violators: 
Blyth, Inc.
Visulas, Inc.
Chemicals: 
Lead
Source: 
Dietary supplements

60-Day Notice Document

Settlement
AG Number:
2013-00107
Settlement PDF: 
PDF icon 2013-00107S3133.pdf
Settlement Date:
02/17/2014
Case Name: 
N/A
Court Name: 
N/A
Court Docket Number: 
N/A
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund
Defendant: 
ViSalus, Inc.
Injunctive Relief: 
Any Covered Products that are manufactured on and after 180 days following the Effective Date that ViSalus thereafter sells in the State of California or distributes into the State of California shall either (1) contain no more than 0.5 micrograms of lead per day when the maximum suggested daily dose is taken as direct on the Covered Product's label or (2) be accompanied by a warning that states: "WARNING: This product contains lead, a chemical known to the State of California to cause [cancer and] birth defects or other reproductive harm." The words "cancer and" shall be included in the Warning Statement only if the maximum recommended daily dose causes an exposure to more than 15 micrograms of lead when taken as directed on the Covered Products' label. The Warning Statement, if required, shall be prominent and displayed securely on the cap, the label, the unit packaging, or by a sticker securely affixed to the Covered Products.
*Non-Contingent Civil Penalty:
$ 17,592.00
Attorney(s) Fees and Costs:
$ 22,133.00
Payment in Lieu of Penalty:
$ 52,775.00  ($7,250 for reimbursement of attorneys' fees and $14,883 shall be for reimbursement to ERC for its reasonable work and costs incurred. )
Total Payments:
$ 92,500.00
Will settlement be submitted to court?
No
Contact Name: 
Michael Freund
Contact Organization: 
Michael Freund & Associates
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
Comments: 
This is an out of court Settlement Agreement and Release.

* 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.