60 Day Notice 2014-00574

AG Number: 
2014-00574
Notice PDF: 
Date Filed: 
06/11/2014
Noticing Party: 
Erika McCartney
Alleged Violators: 
NOW Health Group, Inc.
Chemicals: 
Cadmium
Source: 
NOW Organic Cocoa Powder

60-Day Notice Document

Civil Complaint
AG Number:
2014-00574
Complaint PDF: 
Date Filed:
08/22/2014
Case Name: 
McCartney v. NOW Health Group, Inc.
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-14-541305
Plaintiff: 
Erika McCartney
Plaintiff Attorney: 
Robert B. Hancock
Defendant: 
NOW Health Group, Inc.
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
Robert B. Hancock
Contact Organization: 
PACIFIC JUSTICE CENTER
Email Address:
Address: 
50 California Street, Suite 1500
City, State, Zip:
San Francisco, CA 94111
Phone Number:
415-310-1940
Settlement
AG Number:
2014-00574
Settlement PDF: 
Settlement Date:
09/21/2015
Case Name: 
McCartney v. NOW Health Group, Inc.
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-14-541305
Plaintiff: 
Erika McCartney
Plaintiff Attorney: 
Robert B. Hancock
Defendant: 
NOW Health Group, Inc.
Injunctive Relief: 
Defendant permanently enjoined from distributing into California the Covered Product containing cadmium in excess of MADL measured by 2.5 serving size appearing on label without clear and reasonable warning. Defendant shall not publish on the label of the Covered Product or on its website any recipe that calls for more than one serving of the Covered Product per serving of the food or beverage produced by the recipe. For any recipe published by Defendant after the Effective Date that uses the Covered Product as an ingredient and which yields multiple servings of a food or beverage, Defendant shall state the number of servings produced by the recipe.
*Non-Contingent Civil Penalty:
$ 17,500.00
Attorney(s) Fees and Costs:
$ 47,500.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 65,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Robert B. Hancock
Contact Organization: 
PACIFIC JUSTICE CENTER
Email Address:
rbh@lawyer.com
Address: 
50 California St. Ste. 1500
City, State, Zip:
San Francisco, CA 94111
Phone Number:
415-310-1940


* 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.