60 Day Notice 2014-00820

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2014-00820
Notice PDF: 
PDF icon 2014-00820.pdf
Date Filed: 
09/22/2014
Noticing Party: 
Erika McCartney
Plaintiff Attorney: 
Robert B. Hancock
Alleged Violators: 
Starwest Botanicals, Inc.
Chemicals: 
Lead
Source: 
Starwest Botanicals Gingko Leaf Powder

60-Day Notice Document

Civil Complaint
AG Number:
2014-00820
Complaint PDF: 
PDF icon 2014-00820C3542.pdf
Date Filed:
12/22/2014
Case Name: 
McCartney v. Starwest Botanicals, Inc.
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-14-54334
Plaintiff: 
Erika McCartney
Plaintiff Attorney: 
Robert B. Hancock
Defendant: 
Starwest Botanicals, Inc.
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
Robert B. Hancock
Contact Organization: 
Pacific Justice Center
Email Address:
rbh@lawyer.com
Address: 
50 California Street, Suite 1500
City, State, Zip:
San Francisco, CA 94111
Phone Number:
(415) 310-1940
Settlement
AG Number:
2014-00820
Settlement PDF: 
PDF icon 2014-00820S5367.pdf
Settlement Date:
11/10/2016
Case Name: 
McCartney v. Starwest Botanicals, Inc.
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-14-543348
Plaintiff: 
Erika McCartney
Plaintiff Attorney: 
Robert B. Hancock
Defendant: 
Starwest Botanicals, Inc.
Injunctive Relief: 
Defendant shall be permanently enjoined from offering the product for sale to a consumer in California, directly selling it to a consumer in California, or "Distributing it into California," as defined. Defendant shall further be permanently enjoined from providing any information supplemental any Warning about Proposition 65 and/or California Health and Safety Code Section 25249.5, et seq., by way of its website or any weblink therefrom, which contains the following statement or statements, or any insubstantial variation thereof: (a) "Prop. 65 does not distinguish between chemicals that are absorbed from natural phenomena -- such as volcanic activity, chemicals resulting from worldwide soil, water, and air pollution that are naturally absorbed by plants, local/regional problems like pesticide overspray or chemical leaks -- and those that are intentionally applied like synthetic fertilizers and pesticides or chemicals introduced later in drying, processing or manufacturing." (b) "Safe Harbor Levels are often about 1,000 times much lower than those set by the FDA, EPA and WHO." (c) "For many chemicals, the Safe Harbor levels are so low they cannot be reliably achieved in practice. In addition, because of the number of chemicals on both the Safe Harbor List and the full Prop. 65 list, no natural product manufacturer can afford to routinely test for more than even a very few of these chemicals." (d) "The federal safety standard set by the FDA for lead in dietary supplements is no more than 10 ppm." (e) "When manufacturing herbal products, it is often impossible to meet Safe Harbor levels. When Safe Harbor levels cannot be met Starwest applies the appropriate Prop. 65 warning to its labels. However, it is quite possible to ensure herbs are well under the national standard." (f) "Our products meet or exceed all applicable safety standards." (g) "We only sell products that conform to our standard safety amounts, which are lower than FDA standard safety amounts by many times." Notwithstanding the foregoing, the following statements shall be permissible: (1) "Prop. 65 does not distinguish between chemicals resulting from external sources like worldwide soil, water and air pollution, pesticide overspray or chemical leaks, which are then absorbed by plants, and those that are intentionally applied like synthetic fertilizers and pesticides or chemicals introduced later in drying, processing or manufacturing." (2) "Safe Harbor Levels are much lower than those set by the FDA, EPA and WHO." (3) "When manufacturing herbal products, it is often impossible to meet Safe Harbor levels. When Safe Harbor levels cannot be met Starwest applied the appropriate Prop. 65 warning to its labels."
*Non-Contingent Civil Penalty:
$ 100,000.00
Attorney(s) Fees and Costs:
$ 132,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 232,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Robert Hancock
Contact Organization: 
Pacific Justice Center
Email Address:
rbh@lawyer.com
Address: 
50 California Street, Suite 1500
City, State, Zip:
San Francisco, CA 94111
Phone Number:
(415) 310-1940
Judgment
AG Number:
2014-00820
Judgment PDF: 
PDF icon 2014-00820J3358.pdf
Judgment Date:
01/13/2017
Settlement reported to AG: 
Thu, 11/10/2016
Case Name: 
McCartney v. Starwest Botanicals, Inc.
Court Name: 
San Francisco Superior Court
Court Docket Number: 
GCG-14-543348
Plaintiff: 
Erika McCartney
Plaintiff Attorney: 
Robert B. Hancock
Defendant: 
Starwest Botanicals, Inc.
Injunctive Relief: 
Defendant shall be permanently enjoined from offering the product for sale to a consumer in California, directly selling it to a consumer in California, or "Distributing it into California," as defined. Defendant shall further be permanently enjoined from providing any information supplemental any Warning about Proposition 65 and/or California Health and Safety Code Section 25249.5, et seq., by way of its website or any weblink therefrom, which contains the following statement or statements, or any insubstantial variation thereof: (a) "Prop. 65 does not distinguish between chemicals that are absorbed from natural phenomena -- such as volcanic activity, chemicals resulting from worldwide soil, water, and air pollution that are naturally absorbed by plants, local/regional problems like pesticide overspray or chemical leaks -- and those that are intentionally applied like synthetic fertilizers and pesticides or chemicals introduced later in drying, processing or manufacturing." (b) "Safe Harbor Levels are often about 1,000 times much lower than those set by the FDA, EPA and WHO." (c) "For many chemicals, the Safe Harbor levels are so low they cannot be reliably achieved in practice. In addition, because of the number of chemicals on both the Safe Harbor List and the full Prop. 65 list, no natural product manufacturer can afford to routinely test for more than even a very few of these chemicals." (d) "The federal safety standard set by the FDA for lead in dietary supplements is no more than 10 ppm." (e) "When manufacturing herbal products, it is often impossible to meet Safe Harbor levels. When Safe Harbor levels cannot be met Starwest applies the appropriate Prop. 65 warning to its labels. However, it is quite possible to ensure herbs are well under the national standard." (f) "Our products meet or exceed all applicable safety standards." (g) "We only sell products that conform to our standard safety amounts, which are lower than FDA standard safety amounts by many times." Notwithstanding the foregoing, the following statements shall be permissible: (1) "Prop. 65 does not distinguish between chemicals resulting from external sources like worldwide soil, water and air pollution, pesticide overspray or chemical leaks, which are then absorbed by plants, and those that are intentionally applied like synthetic fertilizers and pesticides or chemicals introduced later in drying, processing or manufacturing." (2) "Safe Harbor Levels are much lower than those set by the FDA, EPA and WHO." (3) "When manufacturing herbal products, it is often impossible to meet Safe Harbor levels. When Safe Harbor levels cannot be met Starwest applied the appropriate Prop. 65 warning to its labels.
*Non-Contingent Civil Penalty:
$ 100,000.00
Attorney(s) Fees and Costs:
$ 132,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 232,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Robert B. Hancock
Contact Organization: 
PACIFIC JUSTICE CENTER
Email Address:
rbh@lawyer.com
Address: 
50 California St. Ste. 1500
City, State, Zip:
San Francisco, CA 94111
Phone Number:
415-310-1940

* 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.