60 Day Notice 2014-00814

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2014-00814
Notice PDF: 
PDF icon 2014-00814.pdf
Date Filed: 
09/17/2014
Noticing Party: 
As You Sow
Plaintiff Attorney: 
Barbara J. Chisholm
Alleged Violators: 
Maine Coast Sea Vegetables, Inc.
Chemicals: 
Cadmium
Lead
Source: 
Maine Coast Sea Vegetables Kelp Wild Atlantic Kombu

60-Day Notice Document

Civil Complaint
AG Number:
2014-00814
Complaint PDF: 
PDF icon 2014-00814C4476.pdf
Date Filed:
11/15/2016
Case Name: 
As You Sow v. Maine Coast Sea Vegetables
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16838958
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Altshuler Berzon LLP
Defendant: 
Maine Coast Sea Vegetables, Inc.
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
Barbara J. Chisholm
Contact Organization: 
Altshuler Berzon LLP
Email Address:
bchisholm@altber.com
Address: 
177 Post Street, Suite 300
City, State, Zip:
San Francisco, CA 94108
Phone Number:
(415) 421-7151
Fax Number:
(415) 362-8064
Settlement
AG Number:
2014-00814
Settlement PDF: 
PDF icon 2014-00814S5185.pdf
Settlement Date:
08/25/2016
Case Name: 
As You Sow v. Maine Coast Sea Vegetables, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
N/A
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Altshuler Berzon LLP
Defendant: 
Maine Coast Sea Vegetables, Inc.
Injunctive Relief: 
Beginning no later than 90 days from the effective date of the consent judgment, Defendant will place a warning on the noticed product that is distributed or sold in California. The warning will state "CALIFORNIA WARNING: This product contains heavy metals known to the State of California to cause cancer and birth defects or other reproductive harm." Defendant will also provide notice on any internet site and mail order catalogue it uses to sell the product. Defendant will regularly test the product. If tests for three consecutive annual harvests show that Defendant has successfully reduced lead concentration to below .5 micrograms per 7 gram serving and cadmium concentration to below 4.1 micrograms per 7 gram serving, Defendant may remove the warning.
*Non-Contingent Civil Penalty:
$ 11,000.00
Attorney(s) Fees and Costs:
$ 18,000.00
Payment in Lieu of Penalty:
$ 11,000.00  (The payments in lieu of civil penalties comply with the Attorney General’s regulatory guidance regarding such payments, 11 C.C.R. 3203(b). Specifically, all in lieu payments will be used by Plaintiff As You Sow for grants to California non-profit organizations and by As You Sow’s Environmental Enforcement Fund. The funds will be used for the purpose of reducing or remediating exposures to toxic chemicals and to increase consumer, worker, and community awareness of the health hazards posed by toxic chemicals in California. In deciding among grant proposals, the As You Sow Board of Directors (“Board”) takes into consideration a number of important factors, including: (1) the nexus between the harm done in the underlying case(s) and the grant program work; (2) the potential for toxics reduction, prevention, remediation, or 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 proposed grantee’s chances for success in its program work. AYS shall ensure that all funds will be disbursed and used in accordance with AYS’ mission statement, articles of incorporation, bylaws, and applicable state and federal laws and regulations.)
Total Payments:
$ 40,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Tony LoPresti
Contact Organization: 
Altshuler Berzon LLP
Email Address:
tlopresti@altshulerberzon.com
Address: 
177 Post St. Ste. 300
City, State, Zip:
San Francisco, CA 94108
Phone Number:
415-421-7151
Fax Number:
415-362-8064
Comments: 
Plaintiff will be filing an action in Alameda County Superior Court. This settlement will be submitted to the court for approval as a consent judgment. Plaintiff will properly notice the Attorney General regarding the motion for approval of settlement.
Judgment
AG Number:
2014-00814
Judgment PDF: 
PDF icon 2014-00814J3371.pdf
Judgment Date:
01/27/2017
Settlement reported to AG: 
Fri, 08/25/2017
Case Name: 
As You Sow v. Maine Coast Sea Vegetables, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16838958
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Altshuler Berzon LLP
Defendant: 
Maine Coast Sea Vegetables, Inc.
Injunctive Relief: 
Beginning no later than 90 days from the effective date of the consent judgment, Defendant will place a warning on the noticed product that is distributed or sold in California. The warning will state "CALIFORNIA WARNING: This product contains heavy metals known to the State of California to cause cancer and birth defects or other reproductive harm." Defendant will also provide notice on any internet site and mail order catalogue it uses to sell the product. Defendant will regularly test the product. If tests for three consecutive annual harvests show that Defendant has successfully reduced lead concentration to below .5 micrograms per 7 gram serving and cadmium concentration to below 4.1 micrograms per 7 gram serving, Defendant may remove the warning.
*Non-Contingent Civil Penalty:
$ 11,000.00
Attorney(s) Fees and Costs:
$ 18,000.00
Payment in Lieu of Penalty:
$ 11,000.00  (The payments in lieu of civil penalties comply with the Attorney General’s regulatory guidance regarding such payments, 11 C.C.R. 3203(b). Specifically, all in lieu payments will be used by Plaintiff As You Sow for grants to California non-profit organizations and by As You Sow’s Environmental Enforcement Fund. The funds will be used for the purpose of reducing or remediating exposures to toxic chemicals and to increase consumer, worker, and community awareness of the health hazards posed by toxic chemicals in California. In deciding among grant proposals, the As You Sow Board of Directors (“Board”) takes into consideration a number of important factors, including: (1) the nexus between the harm done in the underlying case(s) and the grant program work; (2) the potential for toxics reduction, prevention, remediation, or 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 proposed grantee’s chances for success in its program work. AYS shall ensure that all funds will be disbursed and used in accordance with AYS’ mission statement, articles of incorporation, bylaws, and applicable state and federal laws and regulations.)
Total Payments:
$ 40,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Tony LoPresti
Contact Organization: 
Altshuler Berzon LLP
Email Address:
tlopresti@altshulerberzon.com
Address: 
177 Post St. Ste. 300
City, State, Zip:
San Francisco, CA 94108
Phone Number:
(415) 421-7151
Fax Number:
(415) 362-8064

* 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.