60 Day Notice 2014-00076

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2014-00076
Notice PDF: 
PDF icon 2014-00076.pdf
Date Filed: 
01/31/2014
Noticing Party: 
Environmental Research Center, Inc.
Alleged Violators: 
Ultra-Lab Nutrition, Inc. dba Beast Sports Nutrition
Chemicals: 
Lead and lead compounds
Source: 
Dietary Supplements

60-Day Notice Document

Civil Complaint
AG Number:
2014-00076
Complaint PDF: 
PDF icon 2014-00076C3304.pdf
Date Filed:
07/16/2014
Case Name: 
Environmental Research Center v. Ultra-Lab Nutrition, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG14733269
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund
Ryan Hoffman
Defendant: 
Ultra-Lab Nutrition, Inc. dba Beast Sport Nutrition
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Declaratory Relief
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
Settlement
AG Number:
2014-00076
Settlement PDF: 
PDF icon 2014-00076S4345.pdf
Settlement Date:
09/17/2015
Case Name: 
Environmental Research Center v. Ultra-Lab Nutrition, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
14733269
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund
Defendant: 
Ultra-Lab Nutrition, Inc. dba Beast Sports Nutrition
Injunctive Relief: 
Beginning on the Effective Date, at all times that Beast qualifies as a "person in the course of doing business" within the meaning of Proposition 65, Beast Sports 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 Covered Product which exposes a person to a Daily Lead Exposure Level" of more than 0.5 micrograms per day of lead when the maximum suggested dose is taken as directed on the Covered Product's label, unless it meets the warning requirements under Section 3.2.
*Non-Contingent Civil Penalty:
$ 11,000.00
Attorney(s) Fees and Costs:
$ 34,620.00
Payment in Lieu of Penalty:
$ 2,380.00  (Reimbursement of attorneys' fees in the amount of $30,707.12 and reimbursement of costs in the amount of $3,912.88.)
Total Payments:
$ 48,000.00
Will settlement be submitted to court?
Yes
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
Corrected Judgment
AG Number:
2014-00076
Judgment PDF: 
PDF icon 2014-00076J2881.pdf
Judgment Date:
12/09/2015
Settlement reported to AG: 
Thu, 09/17/2015
Case Name: 
Environmental Research Center v. Ultra Lab Nutrition, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG14733269
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund
Defendant: 
Ultra Lab Nutrition, Inc. dba Beast Sports Nutrition
Injunctive Relief: 
Beginning on the Effective Date, at all times that Beast Sports qualifies as a "person in the course of doing business" within the meaning of Proposition 65, Beast Sports 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 Covered Product which exposes a person to a "Daily Lead Exposure Level" of more than 0.5 micrograms per day of lead when the maximum suggested dose is taken as directed on the Covered Product's label, unless it meets the warning requirements under Section 3.2.
*Non-Contingent Civil Penalty:
$ 11,000.00
Attorney(s) Fees and Costs:
$ 34,620.00
Payment in Lieu of Penalty:
$ 2,380.00  (Reimbursement of ERC's attorneys' fees in the amount of $17,620 and ERC's in house legal fees in the amount of $13,087.12; and reimbursement of ERC's costs in the amount of $3,912.88.)
Total Payments:
$ 48,000.00
Is Judgment Pursuant to Settlement?
Yes
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
Judgment
AG Number:
2014-00076
Judgment PDF: 
PDF icon 2014-00076J2880.pdf
Judgment Date:
12/09/2015
Settlement reported to AG: 
Thu, 09/17/2015
Case Name: 
Environmental Research Center v. Ultra-Lab Nutrition, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG14733269
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund
Defendant: 
Ultra-Lab Nutrition, Inc. dba Beast Sports Nutriton
Injunctive Relief: 
Beginning on the Effective Date, at all times that Beast Sports qualifies as a "person in the course of doing business" within the meaning of Proposition 65, Beast Sports 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 Covered Product which exposes a person to a "Daily Lead Exposure Level" of more than 0.5 micrograms per day of lead when the maximum suggested dose is taken as directed on the Covered Product's label, unless it meets the warning requirements under Section 3.2.
*Non-Contingent Civil Penalty:
$ 2,380.00
Attorney(s) Fees and Costs:
$ 34,620.00
Payment in Lieu of Penalty:
$ 2,380.00  (Reimbursement of ERC's attorneys fees in the amount of $17,620 and ERC's in house legal fees in the amount of $13,087.12; and reimbursement of ERC's costs in the amount of $3,912.88. )
Total Payments:
$ 39,380.00
Is Judgment Pursuant to Settlement?
Yes
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

* 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.