Noticing Party:
Environmental Research Center, Inc.
60-Day Notice Document
Civil Complaint
Case Name:
Environmental Research Center v. Ultimate Nutrition, Inc.
Court Name:
Alameda County Superior Court
Plaintiff:
Environmental Research Center, Inc.
Contact Organization:
Michael Freund & Associates
Address:
1919 Addison Street, Suite 105
Corrected Settlement
Settlement Date:
12/04/2015
Case Name:
Environmental Research Center v. Ultimate Nutrition, Inc.
Court Name:
Alameda County Superior Court
Plaintiff:
Environmental Research Center, Inc.
Injunctive Relief:
Any Covered Products that are manufactured 150 days after the Effective Date that Ultimate Nutrition thereafter distributes into the State of California, offers for sale to a third party for retail sale in California, or directly sells in the State of California, shall either (1) contain no more than 0.5 micrograms of lead per day as calculated pursuant to Section 3.13 and as validated by the quality control methodology described in Section 3.4, or (2) meet the warning requirements under Section 3.2.
*Non-Contingent Civil Penalty:
$ 11,000.00
Attorney(s) Fees and Costs:
$ 39,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 50,000.00
Will settlement be submitted to court?
Contact Organization:
Michael Freund & Associates
Address:
1919 Addison Street, Suite 105,
City, State, Zip:
Berkeley , CA 94704
Phone Number:
(510) 540-1992
Fax Number:
(510) 540-5543
Settlement
Settlement Date:
12/04/2015
Case Name:
Environmental Research Center v. Ultimate Nutrition, Inc.
Court Name:
Alameda County Superior Court
Plaintiff:
Environmental Research Center, Inc.
Injunctive Relief:
Any Covered Products that are manufactured 150 days after the Effective Date that Ultimate Nutrition thereafter distributes into the State of California, offers for sale to a third party for retail sale in California, or directly sells in the State of California, shall either (1) contain no more than 0.5 micrograms of lead per day as calculated pursuant to Section 3.13 and as validated by the quality control methodology described in Section 3.4, or (2) meet the warning requirements under Section 3.2.
*Non-Contingent Civil Penalty:
$ 11,000.00
Attorney(s) Fees and Costs:
$ 39,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 50,000.00
Will settlement be submitted to court?
Contact Organization:
Michael Freund & Associates
Address:
1919 Addison Street, Suite 105,
City, State, Zip:
Berkeley , CA 94704
Phone Number:
(510) 540-1992
Fax Number:
(510) 540-5543
Judgment
Judgment Date:
12/15/2015
Settlement reported to AG:
Case Name:
Environmental Research Center v. Ultimate Nutrition, Inc.
Court Name:
Alameda County Superior Court
Plaintiff:
Environmental Research Center, Inc.
Injunctive Relief:
Any Covered Products that are manufactured 150 days after the Effective Date ("the Compliance Date") that Ultimate Nutrition thereafter distributes into the State of California, offers for sale to a third party for retail sale in California, or directly sells in the State of California, shall either (1) contain no more than 0.5 micrograms of lead per day as calculated pursuant to Section 3.1.3 and as validated by the quality control methodology described in Section 3.4 or (2) meet the warning requirements under Section 3.2.
*Non-Contingent Civil Penalty:
$ 11,000.00
Attorney(s) Fees and Costs:
$ 39,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 50,000.00
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
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.
