60 Day Notice 2013-01000

AG Number: 
2013-01000
Notice PDF: 
Date Filed: 
11/15/2013
Noticing Party: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
David A. Rosen
Alleged Violators: 
Tao of Wellness, A Professional Acupuncture Corporation
Traditions of Tao
The Wellness Living Store
Wellness Living
The Wellness Store
Chemicals: 
Lead and lead compounds
Source: 
Dietary Supplements

60-Day Notice Document

Settlement
AG Number:
2013-01000
Settlement PDF: 
Settlement Date:
05/22/2014
Case Name: 
ERC vs. Tao of Wellness
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
BC 526478
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Rose Klein and Marias
Defendant: 
Tao of Wellness , a California Corporation
Injunctive Relief: 
Any covered products manufactured after the effective date that TOW thereafter sells in California, or TOW distributes for sale into California , must include a warning as provided in Section 3.2 if the exposure to the California consumer exceeds 0.5 micrograms of lead per day, assuming consumption in accordance with the largest recommended dosage on the label instructions. This obligation to warn shall be effective only during those times any Defendant employs ten or more persons. By way of clarification, if any one Defendant employs ten or more persons, then the obligations of this Section 3.` apply to that Defendant during such time that Defendant emplys ten or more persons.
*Non-Contingent Civil Penalty:
$ 7,848.00
Attorney(s) Fees and Costs:
$ 40,152.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 48,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
David A. Rosen
Contact Organization: 
Rose Klein and Marias
Email Address:
d.rosen@rkmlaw.net
Address: 
801 S. Grand, 11th Floor
City, State, Zip:
Los Angeles, CA 90017
Phone Number:
(213) 626-0571
Fax Number:
(213) 623-7755
Judgment
AG Number:
2013-01000
Judgment PDF: 
Judgment Date:
07/21/2014
Settlement reported to AG: 
Thu, 05/22/2014
Case Name: 
ERC vs. TAO of Wellness. et al.
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
BC 526478
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
David A. Rosen Esq of Rose Klein and Marias LLP
Defendant: 
Judith M. Praitis, Esq of Sidley Austin LLP
Injunctive Relief: 
Any covered products manufactured after the effective date of TOW thereafter sells in California, or TOW distributes for sale into California, must include a warning as provided in Section 3.2 if the exposure to the California consumer exceeds 0.5 micrograms of lead per day, assuming consumption in accordance with the largest recommended dosage on the label instructions. This obligation to warn shall be effective only during those time any Defendant employs ten or more persons. By way of clarification, if any one Defendant employs ten or more persons, then the obligations of this Section 3.2 apply to the Defendant during such a time that Defendant employs ten or more persons.
*Non-Contingent Civil Penalty:
$ 7,848.00
Attorney(s) Fees and Costs:
$ 40,152.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 48,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
David A. Rosen
Contact Organization: 
Rose Klein and Marias
Email Address:
d.rosen@rkmlaw.net
Address: 
801 S. Grand,. 11th Floor
City, State, Zip:
Los Angeles, CA 90017
Phone Number:
(213) 626-0571
Fax Number:
(213) 623-7755


* 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.