Settlement Date:
11/08/2014
Case Name:
Environmental Research Center v. Eclectic Institute, Inc.
Court Name:
Alameda County Superior Court
Plaintiff:
Environmental Research Center, Inc.
Injunctive Relief:
Beginning on the Effective Date, Eclectic 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 each such unit of the Covered Products bears the following warning statement on its individual unit label packaging or by sticker securely affixed on the container or bottle cap:
“WARNING: This product contains lead, a chemical known to the State of California to cause [cancer and] birth defects or other reproductive harm.”
i. As of the date of this Agreement, Eclectic has implemented warning statements on product packaging for the Covered Products, attached hereto as Exhibit A, and has also implemented warning statements for the Covered Products on its website, http://www.eclecticherb.com/.
*Non-Contingent Civil Penalty:
$ 11,968.00
Attorney(s) Fees and Costs:
$ 25,076.00
Payment in Lieu of Penalty:
$ 17,956.00 ($17,956.00 shall be considered payment in lieu of civil penalties, for day-to-day business activities such as (1) continued enforcement of Proposition 65, which includes work, analyzing, researching and testing consumer products that may contain Proposition 65 chemicals, focusing on the same or similar type of ingestible products that are the subject of this Matter; and (2) the continued monitoring of past consent judgments and settlements to ensure companies are in compliance with Proposition 65)
Total Payments:
$ 55,000.00
Will settlement be submitted to court?
Contact Organization:
Law Office of Christina M. Caro
City, State, Zip:
Berkeley, CA 94704
Phone Number:
(510) 545-9346
Fax Number:
(510) 295-2649
