Judgment Date:
03/27/2015
Settlement reported to AG:
Case Name:
Environmental Research Center v. Apex Energetics, Inc.
Court Name:
San Francisco Superior Court
Plaintiff:
Environmental Research Center, Inc.
Injunctive Relief:
Beginning on the effective date of the consent judgment, Apex is permanently enjoined from manufacturing for sale into California, distributing into California, selling to any consumer located in California, supplying its Authorized Distributors or Authorized Retailers that have shipping addresses in California, or supplying its Authorized Distributors or Authorized Retailers that ship or sell to any person or entity located in California, any of the product named in ERC's Notice of Violation that have a daily lead exposure rate of more than 0.5 micrograms of lead, unless: (a) each individual product (in the form intended for sale to the end-user) bears one of the warning statements specified in Section 3.2 of the consent judgement on its individual unit label or unit packaging, or (b) such Authorized Distributors or Authorized Retailers have agreed with Apex that if they sell or provide any of the Covered Products received after the Compliance Date, to end-users located in California, they will affix warnings in accordance with the requirements set forth in Section 3.2 of the consent judgment on all noticed products so sold or provided and will not remove any warnings provided by Apex on the products.
*Non-Contingent Civil Penalty:
$ 25,774.00
Attorney(s) Fees and Costs:
$ 39,782.00
Payment in Lieu of Penalty:
$ 19,444.00 ($2,794.60 for ERC's costs, $16,857.50 for ERC's in-house legal fees, $16,575.00 for Karen Evans' attorney fees, and $3,555.00 for Ryan Hoffman's attorney fees.)
Total Payments:
$ 85,000.00
Is Judgment Pursuant to Settlement?
Contact Organization:
Michael Freund & Associates
Address:
1919 Addison Street, Suite 105
City, State, Zip:
Berkeley, CA 94704
Phone Number:
(510) 540-1992
