60 Day Notice 2014-00072

AG Number: 
2014-00072
Notice PDF: 
Date Filed: 
01/31/2014
Noticing Party: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Karen A. Evans
Alleged Violators: 
Sunfood Corporation
Chemicals: 
Lead and lead compounds
Source: 
Dietary Supplements

60-Day Notice Document

Supplemental Complaint
AG Number:
2014-00072
Complaint PDF: 
Date Filed:
12/22/2014
Case Name: 
Environmental Research Center v. Sunfood Corporation
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-14-542110
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Ryan Hoffman
Michael Freund
Karen Evans
Defendant: 
Sunfood Corporation
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Declaratory Relief
Contact Name: 
Ryan Hoffman
Contact Organization: 
Michael Freund & Associates
Email Address:
Address: 
1919 Addison Street, Suite 105
City, State, Zip:
Berkeley, CA 94704
Phone Number:
(510) 540-1992
Comments: 
Also applies to AG Number 2014-01030.
Civil Complaint
AG Number:
2014-00072
Complaint PDF: 
Date Filed:
10/08/2014
Case Name: 
Environmental Research Center v. Sunfood Corporation
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-14-542110
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Ryan Hoffman
Michael Freund
Karen Evans
Defendant: 
Sunfood Corporation
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Declaratory Relief
Contact Name: 
Ryan Hoffman
Contact Organization: 
Michael Freund & Associates
Email Address:
Address: 
1919 Addison Street, Suite 105
City, State, Zip:
Berkeley, CA 94704
Phone Number:
(510) 540-1992
Settlement
AG Number:
2014-00072
Settlement PDF: 
Settlement Date:
11/04/2014
Case Name: 
Environmental Research Center v. Sunfood Corporation
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-14-542110
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Ryan Hoffman
Michael Freund
Karen Evans
Defendant: 
Sunfood Corporation
Injunctive Relief: 
Beginning on the effective date of the consent judgment, Sunfood Corporation 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 of the products named in ERC's notices of violation which expose a person to more than 0.5 micrograms of lead per day when the maximum suggested dose is taken as directed on the product’s label, unless it meets the warning requirements of section 3.2 of the consent judgment. Sunfood Corporation may optionally reformulate the products named in ERC's notices of violation such that consumption of the maximum suggested dose as directed on the product’s label contains no more than 0.5 micrograms of lead per day as determined by the quality control methodology described in section 3.4 of the consent judgment. Any noticed products reformulated in this manner need not bear the warning specified in the consent judgement.
*Non-Contingent Civil Penalty:
$ 17,234.00
Attorney(s) Fees and Costs:
$ 41,765.00
Payment in Lieu of Penalty:
$ 13,001.00  (ERC's costs: $3,564.57 Karen Evans' attorney fees: $16,000.00 Michael Freund's attorney fees: $540.00 Ryan Hoffman's attorney fees: $4,365.00 ERC's in-house attorney fees: $17,295.75)
Total Payments:
$ 72,000.00
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: 
Also applies to AG Number 2014-01030
Judgment
AG Number:
2014-00072
Judgment PDF: 
Judgment Date:
03/05/2015
Settlement reported to AG: 
Tue, 11/04/2014
Case Name: 
Environmental Research Center v. Sunfood Corporation
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-14-542110
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Ryan Hoffman
Michael Freund
Karen Evans
Defendant: 
Sunfood Corporation
Injunctive Relief: 
Beginning on the effective date of the consent judgment, Sunfood Corporation 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 of the products named in ERC's notices of violation which expose a person to more than 0.5 micrograms of lead per day when the maximum suggested dose is taken as directed on the product’s label, unless it meets the warning requirements of section 3.2 of the consent judgment. Sunfood Corporation may optionally reformulate the products named in ERC's notices of violation such that consumption of the maximum suggested dose as directed on the product’s label contains no more than 0.5 micrograms of lead per day as determined by the quality control methodology described in section 3.4 of the consent judgment. Any noticed products reformulated in this manner need not bear the warning specified in the consent judgement.
*Non-Contingent Civil Penalty:
$ 17,234.00
Attorney(s) Fees and Costs:
$ 41,765.00
Payment in Lieu of Penalty:
$ 13,001.00  (ERC's costs: $3,564.57 Karen Evans' attorney fees: $16,000.00 Michael Freund's attorney fees: $540.00 Ryan Hoffman's attorney fees: $4,365.00 ERC's in-house attorney fees: $17,295.75)
Total Payments:
$ 72,000.00
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.