Judgment Date:
09/01/2015
Settlement reported to AG:
Case Name:
Envt'l Research Ctr. v. North American Herb & Spice et al.
Court Name:
Alameda County Superior Court
Plaintiff:
Environmental Research Center, Inc.
Defendant:
NORTH AMERICAN HERB AND SPICE CO. LTD. LLC dba NORTH AMERICAN HERB AND SPICE LLC, an Illinois Limited Liability Company;
NORTH AMERICAN HERB AND SPICE CO. LTD. LLC, an Illinois Limited Liability Company
Injunctive Relief:
3.1. Beginning on the Effective Date, NAHS shall be permanently enjoined from, “Distributing into the State of California”, or directly selling in the State of California, any Covered Product manufactured after the Effective Date which exposes a person to a “Daily Exposure Level” of more than 0.5 micrograms per day when the maximum suggested dose is taken as directed on the Covered Product’s label, excluding lead deemed “naturally occurring” for the purpose of this Consent Judgment only as defined in Table 3.3 below, unless it meets the warning requirements: If NAHS is required to provide a warning pursuant to Section 3.1, the following warning language must be utilized: WARNING: This product contains chemicals known to the State of California to cause [cancer and] birth defects or other reproductive harm. NAHS shall use
the phrase “cancer and” in the warning only if the maximum daily dose recommended on the label contains more than 15 micrograms of lead as determined pursuant to the quality control methodology set forth in Section 3.4. The warning shall be securely affixed to or printed upon the container or label of each Covered Product. In addition, for Covered Products sold over NAHS’ website, the warning shall appear prior to completing checkout on NAHS’ website when a California delivery address is indicated for any purchase of any non-Reformulated Covered Product as defined in Section 3.3 below.
The warning shall be at least the same size as the largest of any other health or safety warnings also appearing on its website or on the label or container of NAHS’ product packaging and the word “WARNING” shall be in all capital letters and in bold print. No other statements about Proposition 65 or lead may accompany the warning, except that NAHS may include a link to its website which explains Proposition 65. NAHS must display the above warnings with such
conspicuousness, as compared with other words, statements, or design of the label or container, as applicable, to render the warning likely to be read and understood by an ordinary individual under customary conditions of purchase or use of the product in California.
*Non-Contingent Civil Penalty:
$ 22,688.00
Attorney(s) Fees and Costs:
$ 32,690.00
Payment in Lieu of Penalty:
$ 17,122.00 ($17,121.95 shall be distributed to ERC in lieu of further civil penalties, for
the 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 matter of the current action; (2) the continued monitoring of past consent judgments and settlements to ensure companies are in compliance with Proposition 65; and (3) giving a donation of $856.00 to the Natural Resources Defense Council to address reducing toxic chemical exposures in California.)
Total Payments:
$ 72,500.00
Is Judgment Pursuant to Settlement?
Contact Organization:
Law Office of Christina M. Caro
City, State, Zip:
Berkeley, CA 94704
Phone Number:
510-545-9346
