60 Day Notice 2013-00514

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2013-00514
Notice PDF: 
PDF icon 2013-00514.pdf
Date Filed: 
05/17/2013
Noticing Party: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Ryan Hoffman
Alleged Violators: 
Ideal Shape, LLC
Chemicals: 
Lead and lead compounds
Source: 
Dietary Supplements

60-Day Notice Document

Supplemental Complaint
AG Number:
2013-00514
Complaint PDF: 
PDF icon 2013-00514C3195.pdf
Date Filed:
04/21/2014
Case Name: 
Environmental Research Center v. Ideal Shape, LLC
Court Name: 
Alameda County Superior Court - Hayward
Court Docket Number: 
RG13704155
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Ryan Hoffman
Michael Freund
Defendant: 
Ideal Shape, LLC
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Declaratory Relief
Contact Name: 
Ryan Hoffman
Contact Organization: 
Michael Freund & Associates
Email Address:
rrhoffma@gmail.com
Address: 
1919 Addison Street, Suite 105
City, State, Zip:
Berkeley, CA 94704
Phone Number:
(510) 540-1992
Comments: 
Also applies to AG Number 2013-01042.
Civil Complaint
AG Number:
2013-00514
Complaint PDF: 
PDF icon 2013-00514C3039.pdf
Date Filed:
11/18/2013
Case Name: 
Environmental Research Center v. Ideal Shape, LLC
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG13704155
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund
Defendant: 
Ideal Shape, LLC
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
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
Settlement
AG Number:
2013-00514
Settlement PDF: 
PDF icon 2013-00514S3329.pdf
Settlement Date:
05/07/2014
Case Name: 
Environmental Research Center v. Ideal Shape, LLC
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG13704155
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Ryan Hoffman
Michael Freund
Defendant: 
Ideal Shape, LLC
Injunctive Relief: 
Defendant shall not manufacture for sale in the State of California, distribute into the State of California, or directly sell in the State of California any Covered Product for which the maximum dose recommended on the label contains more than 0.5 micrograms (mcg) of lead unless each product bears a warning in the form specified in the Consent Judgment on its individual unit label or unit packaging. With regard to the sale of the Covered Products via the Internet, the warning specified in the Consent Judgment shall be given (a) on the same web page on which the Covered Product is displayed; (b) on the same web page as the order form for the Covered Product; (c) on the same page as the price for any Covered Product; or (d) on one or more web pages displayed to a purchaser during the checkout process before purchase is complete. Defendant may reformulate the Covered Products to reduce the lead content to below levels requiring a Proposition 65 warning, in which case the Parties agree that the Covered Products may be offered for sale in California without the warnings discussed in this Consent Judgment. If Defendant contends that a Covered Product has been so reformulated, then at least once each year for three consecutive years, Defendant shall undertake testing of any reformulated Covered Product on which it does not intend to place a warning label. The testing methods are discussed more fully in the Consent Judgment.
*Non-Contingent Civil Penalty:
$ 10,600.00
Attorney(s) Fees and Costs:
$ 31,996.00
Payment in Lieu of Penalty:
$ 15,404.00  (ERC's costs are $22,104.00. ERC's attorney's fees are $9,892.00.)
Total Payments:
$ 58,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Ryan Hoffman
Contact Organization: 
Michael Freund & Associates
Email Address:
rrhoffma@gmail.com
Address: 
1919 Addison Street, Suite 105
City, State, Zip:
Berkeley, CA 94704
Phone Number:
(510) 540-1992
Comments: 
This settlement also applies to AG Number 2013-01042.
Judgment
AG Number:
2013-00514
Judgment PDF: 
PDF icon 2013-00514J2548.pdf
Judgment Date:
10/17/2014
Settlement reported to AG: 
Wed, 05/07/2014
Case Name: 
Environmental Research Center v. Ideal Shape, LLC
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG13704155
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Ryan Hoffman
Michael Freund
Defendant: 
Ideal Shape, LLC
Injunctive Relief: 
Defendant shall not manufacture for sale in the State of California, distribute into the State of California, or directly sell in the State of California any Covered Product for which the maximum dose recommended on the label contains more than 0.5 micrograms (mcg) of lead unless each product bears a warning in the form specified in the Consent Judgment on its individual unit label or unit packaging. With regard to the sale of the Covered Products via the Internet, the warning specified in the Consent Judgment shall be given (a) on the same web page on which the Covered Product is displayed; (b) on the same web page as the order form for the Covered Product; (c) on the same page as the price for any Covered Product; or (d) on one or more web pages displayed to a purchaser during the checkout process before purchase is complete. Defendant may reformulate the Covered Products to reduce the lead content to below levels requiring a Proposition 65 warning, in which case the Parties agree that the Covered Products may be offered for sale in California without the warnings discussed in this Consent Judgment. If Defendant contends that a Covered Product has been so reformulated, then at least once each year for three consecutive years, Defendant shall undertake testing of any reformulated Covered Product on which it does not intend to place a warning label. The testing methods are discussed more fully in the Consent Judgment.
*Non-Contingent Civil Penalty:
$ 10,600.00
Attorney(s) Fees and Costs:
$ 31,996.00
Payment in Lieu of Penalty:
$ 15,404.00  (ERC's costs are $22,104.00. ERC's attorney's fees are $9,892.00.)
Total Payments:
$ 58,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Ryan Hoffman
Contact Organization: 
Michael Freund & Associates
Email Address:
rrhoffma@gmail.com
Address: 
1919 Addison Street, Suite 105
City, State, Zip:
Berkeley, CA 94704
Phone Number:
(510) 540-1992

* 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.