60 Day Notice 2014-00489

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2014-00489
Notice PDF: 
PDF icon 2014-00489.pdf
Date Filed: 
05/23/2014
Noticing Party: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
William Wraith
Alleged Violators: 
Bio-Nutritional Research Group, Inc.
Chemicals: 
Lead and lead compounds
Source: 
Dietary Supplements

60-Day Notice Document

Civil Complaint
AG Number:
2014-00489
Complaint PDF: 
PDF icon 2014-00489C3681.pdf
Date Filed:
08/25/2014
Case Name: 
Environmental Research Center v. Bio Nutritional Research
Court Name: 
Orange County Superior Court
Court Docket Number: 
BC537514
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
William F. Wraith
Defendant: 
Bio Nutritional Research Group, Inc.
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Injunction against sales in California of the Covered Products
Contact Name: 
William F. Wraith
Contact Organization: 
Wraith Law
Email Address:
bill@wraithlaw.com
Address: 
24422 Avenida de la Carlota, Suite 400
City, State, Zip:
Laguna Hills, CA 92653
Phone Number:
(949) 452-1234
Comments: 
This First Amended Complaint includes products that are part of AG Number 2013-00695
Settlement
AG Number:
2014-00489
Settlement PDF: 
PDF icon 2014-00489S4058.PDF
Settlement Date:
04/08/2015
Case Name: 
Environmental Research Center v. Bio Nutritional Research
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
BC537514
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
William F. Wraith
Defendant: 
Bio Nutritional Research Group, Inc.
Injunctive Relief: 
Defendant is permanently enjoined from selling any Covered Product for which the Daily Lead Exposure Level exceeds an amount of lead that is 0.5 micrograms, excluding the Warner Lambert and cocoa allowances; Testing protocol
*Non-Contingent Civil Penalty:
$ 89,668.00
Attorney(s) Fees and Costs:
$ 45,186.00
Payment in Lieu of Penalty:
$ 67,646.00  (Of the listed amount of attorney's fees and costs, $4,466.98 shall be distributed to Environmental Research Center as reimbursement for reasonable costs associated in bringing the action, $15,225 shall be distributed to Wraith Law as reimbursement of ERC's attorney's fees and $25,493.55 shall be distributed to ERC for its in-house legal fees)
Total Payments:
$ 202,500.00
Will settlement be submitted to court?
Yes
Contact Name: 
William F. Wraith
Contact Organization: 
Wraith Law
Email Address:
bill@wraithlaw.com
Address: 
24422 Avenida de la Carlota, Suite 400
City, State, Zip:
Laguna Hills, CA 92653
Phone Number:
(949) 452-1234
Comments: 
This is an identical settlement being reported regarding AG Number 2013-00695, as both notices involve the same defendant and were part of the same lawsuit.
Judgment
AG Number:
2014-00489
Judgment PDF: 
PDF icon 2014-00489J2730.pdf
Judgment Date:
07/14/2015
Settlement reported to AG: 
Wed, 04/08/2015
Case Name: 
Environmental Research Center v. Bio Nutritional Research
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
BC537514
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
William F. Wraith
Defendant: 
Bio Nutritional Research Group, Inc.
Injunctive Relief: 
Defendant is permanently enjoined from selling any Covered Product for which the Daily Lead Exposure Level exceeds an amount of lead that is 0.5 micrograms, excluding the Warner Lambert and cocoa allowances; Testing protocol
*Non-Contingent Civil Penalty:
$ 89,668.00
Attorney(s) Fees and Costs:
$ 45,186.00
Payment in Lieu of Penalty:
$ 67,646.00  (Of the listed amount of attorney's fees and costs, $4,466.98 shall be distributed to Environmental Research Center as reimbursement for reasonable costs associated in bringing the action, $15,225 shall be distributed to Wraith Law as reimbursement of ERC's attorney's fees and $25,493.55 shall be distributed to ERC for its in-house legal fees)
Total Payments:
$ 202,500.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
William F. Wraith
Contact Organization: 
Wraith Law
Email Address:
bill@wraithlaw.com
Address: 
24422 Avenida de la Carlota, Suite 400
City, State, Zip:
Laguna Hills, CA 92653
Phone Number:
(949) 452-1234

* 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.