Settlement Date:
03/02/2015
Court Name:
Settlement Agreement & Release
Plaintiff:
Environmental Research Center, Inc.
Injunctive Relief:
Beginning on the Effective Date, Onnit shall not manufacture for sale in the State of California, "Distribute into the State of California", or directly sell in the State of California, any Covered Product which exposes a person to a "Daily Exposure Level" of more than 0.5 micrograms of lead per day when the maximum suggested dose is taken as directed on the Covered Product's label, unless Onnit shall provide the Proposition 65 warning via the following methods: 1) for Covered Products sold online through Onnit's website to consumers in the State of California: a) on Onnit's checkout page, prior to the consumer's completing purchase of the Covered Products, upon the consumer entering a California delivery address and (b) on the packing slip accompanying the shipment of Covered Products to a California purchaser; or 2) for Covered Products sold via retail stores in the State of California, on the label or container of Onnit's product packaging for each Covered Product.
*Non-Contingent Civil Penalty:
$ 43,412.00
Attorney(s) Fees and Costs:
$ 21,588.00
Payment in Lieu of Penalty:
$ 64,999.00 (Fees in the amount of $19,937.96 and costs in the amount of $1,650.53.)
Total Payments:
$ 129,999.00
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
