60 Day Notice 2015-00119

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2015-00119
Notice PDF: 
PDF icon 2015-00119.pdf
Date Filed: 
02/13/2015
Noticing Party: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Richard M. Franco
Alleged Violators: 
Aloha, Inc.
Project Healthy Living, Inc.
Project Healthy Living, Inc. dba Aloha, Inc.
Chemicals: 
Cadmium
Lead and lead compounds
Source: 
dietary supplements

60-Day Notice Document

Settlement
AG Number:
2015-00119
Settlement PDF: 
PDF icon 2015-00119S4524.pdf
Settlement Date:
12/07/2015
Case Name: 
Environmental Research Center v. Aloha, Inc.
Court Name: 
Out of Court Settlement
Court Docket Number: 
N/A
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Richard M. Franco
Defendant: 
Aloha, Inc. and Project Healthy Living, Inc. dba Aloha, Inc.
Injunctive Relief: 
Aloha agrees not to manufacture, distribute or sell in California any covered product which exposes a person to more than 0.5 micrograms of lead per day or more than 4.1 micrograms of cadmium per day when the maximum suggested daily dose of a product is taken as directed on the product label, unless accompanied by a Prop 65 warning; warning protocol; testing protocol; reformulation option.
*Non-Contingent Civil Penalty:
$ 28,832.00
Attorney(s) Fees and Costs:
$ 20,421.00
Payment in Lieu of Penalty:
$ 43,247.00  (Of the attorney's fees and costs, $10,411.96 is reimbursement of ERC's costs, $8,520 is reimbursement of attorney's fees of Richard M. Franco and $1,489.05 is reimbursement of ERC's in-house attorney's fees.)
Total Payments:
$ 92,500.00
Will settlement be submitted to court?
No
Contact Name: 
Richard M. Franco
Contact Organization: 
Law Office of Richard M Franco
Email Address:
rick@rfrancolaw.com
Address: 
6500 Estates Dr
City, State, Zip:
Oakland, CA 94611
Phone Number:
(510) 684-1022

* 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.