60 Day Notice 2014-00635

AG Number: 
2014-00635
Notice PDF: 
Date Filed:
07/18/2014
Noticing Party: 
As You Sow
Alleged Violators: 
River Canyon Retreat, Inc. d/b/a Earth Circle Organics
The Hershey Company
Ghirardelli Chocolate Company
Godiva Chocolatier, Inc.
Mondelez International, Inc.
Lindt & Sprungli (USA), Inc.
Chemicals: 
Cadmium
Source: 
Earth Circle Organics Organic Balinese Cacao Nibs
Hershey’s Cocoa 100% Cacao Natural Unsweetened
Ghirardelli 100% Cacao Unsweetened Chocolate Baking Bar
Godiva Large 85% Dark Chocolate Bar
Green & Black’s Organic 85% Cacao Bar
Lindt Excellence 85% Cocoa Extra Dark Chocolate Bar

60-Day Notice Document

Civil Complaint
AG Number:
2014-00635
Complaint PDF: 
Date Filed:
09/12/2017
Case Name: 
As You Sow v. River Canyon Retreat d/b/a Earth Circle Organ.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG17874959
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Ellison Folk at Shute, Mihaly & Weinberger
Barbara Chisolm at Altshuler
Defendant: 
River Canyon Retreat, Inc. d/b/a/ Earth Circle Organics
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Contact Name: 
Ellison Folk
Contact Organization: 
Shute, Mihaly & Weinberger LLP
Email Address:
Address: 
396 Hayes Street
City, State, Zip:
San Francisco, CA 94102
Phone Number:
415-552-7272
Fax Number:
415-552-5816
Corrected Settlement
AG Number:
2014-00635
Settlement PDF: 
Settlement Date:
08/10/2017
Case Name: 
As You Sow v. River Canyon Retreat, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG17874959
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Shute, Mihaly & Weinberger LLP and Altshuler Berzon LLP
Defendant: 
River Canyon Retreat, Inc. d/b/a/ Earth Circle Organics
Injunctive Relief: 
No later than the Effective Date, Earth Circle must put a warning on its covered products that states "WARNING: This product contains a chemical known to the State of California to cause birth defects or other reproductive harm." On or before August 30, 2018, this warning must be replaced with a warning that states "WARNING: This product can expose you to chemicals including cadmium, which is known to the State of California to cause birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov." Earth Circle must also post the applicable warning on any internet site it uses to sell the products and notify other internet retailers to do the same. Earth Circle also must post the applicable warning in any mail order catalogue that it uses to sell the products. The consent judgment provides for further testing to be conducted on additional Earth Circle products. If testing shows that any additional products require a warning, the consent judgment will be amended to add those products and the same injunctive relief shall apply.
*Non-Contingent Civil Penalty:
$ 11,500.00
Attorney(s) Fees and Costs:
$ 45,960.00
Payment in Lieu of Penalty:
$ 8,500.00  (These payments will be made on a schedule specified in the consent judgment. The civil penalties and additional settlement payments will be made in the first payment. The additional settlement payments will be used by As You Sow for grants to California non-profit organizations and to the As You Sow Environmental Enforcement Fund. The funds will be used to reduce or remediate exposures to toxic chemicals and to increase and to increase consumer, worker, and community awareness of health hazards posed by toxic chemicals in California. In deciding on grant proposals, the As You Sow Board of Directors takes into consideration several factors, including: (1) the nexus between the harm done in the underlying case and the grant program work; (2) the potential for toxic reduction, remediation, prevention, and educational benefits to California citizens from the proposal; (3) the budget requirements of the proposed grantee and the alternate funding sources available to it for its project; and (4) the Board's assessment of the chances of success in the grantee's work. As You Sow ensures that all funds are disbursed in accordance with its mission statement, articles of incorporation, bylaws, and applicable state and federal laws and regulations.)
Total Payments:
$ 65,960.00
Will settlement be submitted to court?
Yes
Contact Name: 
Laura Beaton
Contact Organization: 
Shute, Mihaly & Weinberger LLP
Email Address:
beaton@smwlaw.com
Address: 
396 Hayes Street
City, State, Zip:
San Francisco, CA 94102
Phone Number:
415-552-7272
Fax Number:
415-552-5816
Supplemental Settlement
AG Number:
2014-00635
Settlement PDF: 
Settlement Date:
08/10/2017
Case Name: 
As You Sow v. River Canyon Retreat, Inc
Court Name: 
Complaint and approval motion not yet filed
Court Docket Number: 
N/A
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Shute, Mihaly & Weinberger LLP and Altshuler Berzon LLP
Defendant: 
River Canyon Retreat, Inc. d/b/a Earth Circle Organics
Injunctive Relief: 
No later than the Effective Date, Earth Circle must put a warning on its covered products that states "WARNING: This product contains a chemical known to the State of California to cause birth defects or other reproductive harm." On or before August 30, 2018, this warning must be replaced with a warning that states "WARNING: This product can expose you to chemicals including cadmium, which is known to the State of California to cause birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov." Earth Circle must also post the applicable warning on any internet site it uses to sell the products and notify other internet retailers to do the same. Earth Circle also must post the applicable warning in any mail order catalogue that it uses to sell the products. The consent judgment provides for further testing to be conducted on additional Earth Circle products. If testing shows that any additional products require a warning, the consent judgment will be amended to add those products and the same injunctive relief shall apply.
*Non-Contingent Civil Penalty:
$ 11,500.00
Attorney(s) Fees and Costs:
$ 45,960.00
Payment in Lieu of Penalty:
$ 8,500.00  (These payments will be made on a schedule specified in the consent judgment. The civil penalties and additional settlement payments will be made in the first payment. The additional settlement payments will be used by As You Sow for grants to California non-profit organizations and to the As You Sow Environmental Enforcement Fund. The funds will be used to reduce or remediate exposures to toxic chemicals and to increase and to increase consumer, worker, and community awareness of health hazards posed by toxic chemicals in California. In deciding on grant proposals, the As You Sow Board of Directors takes into consideration several factors, including: (1) the nexus between the harm done in the underlying case and the grant program work; (2) the potential for toxic reduction, remediation, prevention, and educational benefits to California citizens from the proposal; (3) the budget requirements of the proposed grantee and the alternate funding sources available to it for its project; and (4) the Board's assessment of the chances of success in the grantee's work. As You Sow ensures that all funds are disbursed in accordance with its mission statement, articles of incorporation, bylaws, and applicable state and federal laws and regulations.)
Total Payments:
$ 65,960.00
Will settlement be submitted to court?
Yes
Contact Name: 
Laura Beaton
Contact Organization: 
Shute, Mihaly & Weinberger LLP
Email Address:
beaton@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.