Settlement Date:
12/12/2014
Case Name:
Envtl Research Center v. Health Center for Better Living,Inc
Plaintiff:
Environmental Research Center, Inc.
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?
Contact Organization:
Law Office of Christina M. Caro
City, State, Zip:
Berkeley, CA 94704
Phone Number:
(510) 545-9346
Fax Number:
(510) 295-2649