60 Day Notice 2014-00772

AG Number: 
2014-00772
Notice PDF: 
Date Filed: 
08/29/2014
Noticing Party: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Christina M. Caro
Alleged Violators: 
Health Center for Better Living, Inc.
Chemicals: 
Lead and lead compounds
Source: 
Dietary supplements

60-Day Notice Document

Settlement
AG Number:
2014-00772
Settlement PDF: 
Settlement Date:
12/12/2014
Case Name: 
Envtl Research Center v. Health Center for Better Living,Inc
Court Name: 
N/A
Court Docket Number: 
N/A
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Christina M. Caro
Defendant: 
Health Center for Better Living, Inc.
Injunctive Relief: 
Beginning on the Effective Date, HCBL 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 Product bears a Proposition 65-compliant warning. If HCBL is successful with reformulation for any of the Covered Products, and reduces the Daily Exposure Level to 0.5 micrograms of lead or below when taken pursuant to the maximum suggested dose as directed on the Covered Product’s label, the Parties agree that the Covered Products may be offered for sale in California without the warning.
*Non-Contingent Civil Penalty:
$ 23,260.00
Attorney(s) Fees and Costs:
$ 21,849.00
Payment in Lieu of Penalty:
$ 34,891.00  (The payment in lieu of civil penalties is 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:
$ 80,000.00
Will settlement be submitted to court?
No
Contact Name: 
Christina M. Caro
Contact Organization: 
Law Office of Christina M. Caro
Email Address:
christina@ccarolaw.com
Address: 
2506 Haste Street
City, State, Zip:
Berkeley, CA 94704
Phone Number:
(510) 545-9346
Fax Number:
(510) 295-2649


* 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.