60 Day Notice 2014-00360

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2014-00360
Notice PDF: 
PDF icon 2014-00360.pdf
Date Filed: 
04/18/2014
Noticing Party: 
As You Sow
Plaintiff Attorney: 
Ellison Folk; Shute, Mihaly & Weinberger LLP
Laura D. Beaton; Shute, Mihaly & Weinberger LLP
Alleged Violators: 
Garden of Life LLC
Chemicals: 
Cadmium
Lead
Source: 
Garden of Life Raw Protein Beyond Organic - Protein Formula Chocolate Cacao Flavor
Garden of Life Raw Protein Beyond Organic - Protein Formula Original Flavor
Garden of Life Perfect Food Raw Organic Green - Super Food Chocolate Cacao Flavor
Garden of Life Raw Meal Beyond Organic Snack and Meal Replacement Vanilla Spiced Chai Flavor

60-Day Notice Document

Civil Complaint
AG Number:
2014-00360
Complaint PDF: 
PDF icon 2014-00360C3646.pdf
Date Filed:
07/18/2014
Case Name: 
As You Sow v. Garden of Life, LLC, et al.
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-14-540621
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Ellison Folk
Defendant: 
Garden of Life, LLC
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
Ellison Folk
Contact Organization: 
Shute, Mihaly & Weinberger LLP
Email Address:
folk@smwlaw.com
Address: 
396 Hayes Street
City, State, Zip:
San Francisco, CA 94102
Phone Number:
(415) 552-7272
Fax Number:
(415) 552-5816
Settlement
AG Number:
2014-00360
Settlement PDF: 
PDF icon 2014-00360S4000.pdf
Settlement Date:
03/18/2015
Case Name: 
As You Sow v. Garden of Life, LLC, et al.
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-14-540621
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Ellison Folk
Defendant: 
Garden of Life, LLC
Injunctive Relief: 
Product Warning Reduction in Lead and Cadmium
*Non-Contingent Civil Penalty:
$ 45,000.00
Attorney(s) Fees and Costs:
$ 85,000.00
Payment in Lieu of Penalty:
$ 45,000.00  (To be used by As You Sow for grants to California non-profit organizations and by the As You Sow Environmental Enforcement Fund. Funds shall be used to reduce or remediate exposures to toxic chemicals and to increase consumer, worker, and community awareness of the health hazards posed by toxic chemicals in California via As You Sow's program work.)
Total Payments:
$ 175,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Ellison Folk
Contact Organization: 
Shute, Mihaly & Weinberger LLP
Email Address:
folk@smwlaw.com
Address: 
396 Hayes Street
City, State, Zip:
San Francisco, CA 94102
Phone Number:
(415) 552-7272
Fax Number:
(415) 552-5816
Supplemental Judgment
AG Number:
2014-00360
Judgment PDF: 
PDF icon 2014-00360J2802.pdf
Judgment Date:
10/21/2015
Settlement reported to AG: 
Wed, 10/21/2015
Case Name: 
AS YOU SOW v. GARDEN OF LIFE, LLC
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-14-540621
Plaintiff: 
As You Sow
Plaintiff Attorney: 
ELLISON FOLK
Defendant: 
GARDEN OF LIFE, LLC
Injunctive Relief: 
Modified consent judgment allows Defendant 12 months from Effective Date to reduce lead in covered products, or it must warn.
*Non-Contingent Civil Penalty:
$ 15,000.00
Attorney(s) Fees and Costs:
$ 5,000.00
Payment in Lieu of Penalty:
$ 15,000.00  (This amount to be used by As You Sow for grants to California non-profit organizations and by the As You Sow Environmental Enforcement Fund. These funds shall be used to reduce or remediate exposures to toxic chemicals and to increase consumer, worker, and community awareness of the health hazards posed by toxic chemicals in California via As You Sow's program work.)
Total Payments:
$ 35,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
ELLISON FOLK
Contact Organization: 
SHUTE, MIHALY & WEINBERGER LLP
Email Address:
folk@smwlaw.com
Address: 
396 HAYES STREET
City, State, Zip:
SAN FRANCISCO, CA 94102
Phone Number:
(415) 552-7272
Fax Number:
(415) 552-5816
Judgment
AG Number:
2014-00360
Judgment PDF: 
PDF icon 2014-00360J2718.pdf
Judgment Date:
06/26/2015
Settlement reported to AG: 
Wed, 03/18/2015
Case Name: 
As You Sow v. Garden of Life, LLC, et al.
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-14-540621
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Ellison Folk
Defendant: 
Garden of Life, LLC
Injunctive Relief: 
Product Warning Reduction in Lead and Cadmium
*Non-Contingent Civil Penalty:
$ 45,000.00
Attorney(s) Fees and Costs:
$ 85,000.00
Payment in Lieu of Penalty:
$ 45,000.00  (To be used by As You Sow for grants to California non-profit organizations and by the As You Sow Environmental Enforcement Fund. Funds shall be used to reduce or remediate exposures to toxic chemicals and to increase consumer, worker, and community awareness of the health hazards posed by toxic chemicals in California via As You Sow's program work.)
Total Payments:
$ 175,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Ellison Folk
Contact Organization: 
Shute, Mihaly & Weinberger LLP
Email Address:
folk@smwlaw.com
Address: 
396 Hayes Street
City, State, Zip:
San Francisco, CA 94102
Phone Number:
(415) 552-7272
Fax Number:
(415) 552-5816

* 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.