60 Day Notice 2015-00288

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2015-00288
Notice PDF: 
PDF icon 2015-00288.pdf
Date Filed: 
04/10/2015
Noticing Party: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
William F. Wraith
Alleged Violators: 
Living Ecology Inc.
Living Ecology Manufacturing Inc.
Chemicals: 
Cadmium
Source: 
Dietary Supplements

60-Day Notice Document

Civil Complaint
AG Number:
2015-00288
Complaint PDF: 
PDF icon 2015-00288C3885.pdf
Date Filed:
07/22/2015
Case Name: 
Environmental Research Center v. Living Ecology
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG15778780
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
William F. Wraith, Wraith Law
Defendant: 
Living Ecology Inc.
Living Ecology Manufacturing Inc.
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Injunction
Contact Name: 
William F. Wraith
Contact Organization: 
Wraith Law
Email Address:
bill@wraithlaw.com
Address: 
24422 Avenida de la Carlota, Suite 400
City, State, Zip:
Laguna Hills , CA 92653
Phone Number:
(949) 452-1234
Settlement
AG Number:
2015-00288
Settlement PDF: 
PDF icon 2015-00288S4322.pdf
Settlement Date:
08/31/2015
Case Name: 
Environmental Research Center v. Living Ecology
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG15778780
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
William F. Wraith, Wraith Law
Defendant: 
Living Ecology Inc.
Living Ecology Manufacturing Inc.
Injunctive Relief: 
Permanent enjoinder from manufacturing for sale in State of California, Distributing into the State of California, or directly selling in the State of California any Covered Product that exposes a person to a Daily Lead Exposure Level of more than 0.5 micrograms per day of lead or Daily Cadmium Exposure Level of more than 4.10 micrograms of day of cadmium when the maximum suggested dose is taken as directed on the Covered Product's label unless a warning is used. Daily Exposure levels are defined by an agreed-upon formula. Warning and testing protocol.
*Non-Contingent Civil Penalty:
$ 81,688.00
Attorney(s) Fees and Costs:
$ 81,773.00
Payment in Lieu of Penalty:
$ 61,539.00  (Payment to be made in six payments, the first within five days of the Effective Date followed by five consecutive monthly payments. Actual amount of attorney's fees and costs is $81,773.20 ($11,737.45 shall be distributed to ERC as reimbursement to ERC for reasonable costs in bringing this action, $44,555 shall be distributed to William F. Wraith as reimbursement of ERC's attorney's fees, and $25,480.75 shall be distributed to ERC for its in-house legal fees). Actual amount of in lieu penalties is $61,538.80.)
Total Payments:
$ 225,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
William F. Wraith
Contact Organization: 
Wraith Law
Email Address:
bill@wraithlaw.com
Address: 
24422 Avenida de la Carlota, Suite 400
City, State, Zip:
Laguna Hills , CA 92653
Phone Number:
(949) 452-1234
Comments: 
Identical Reports of Settlement were entered for AG Numbers 2014-00079 and 2014-00284. The consent judgment entered here is a different case number, involving the same parties. The parties are attempting to consolidate the two actions.
Judgment
AG Number:
2015-00288
Judgment PDF: 
PDF icon 2015-00288J2892.pdf
Judgment Date:
12/15/2015
Settlement reported to AG: 
Mon, 08/31/2015
Case Name: 
Environmental Research Center v. Living Ecology
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG14748134
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
William F. Wraith
Defendant: 
Living Ecology Inc.
Living Ecology Manufacturing Inc.
Injunctive Relief: 
Permanent enjoinder from manufacturing for sale in State of California, Distributing into the State of California, or directly selling in the State of California any Covered Product that exposes a person to a Daily Lead Exposure Level of more than 0.5 micrograms per day of lead or Daily Cadmium Exposure Level of more than 4.10 micrograms of day of cadmium when the maximum suggested dose is taken as directed on the Covered Product's label unless a warning is used. Daily Exposure levels are defined by an agreed-upon formula. Warning and testing protocol.
*Non-Contingent Civil Penalty:
$ 81,688.00
Attorney(s) Fees and Costs:
$ 81,773.00
Payment in Lieu of Penalty:
$ 61,539.00  (Payment to be made in six payments, the first within five days of the Effective Date followed by five consecutive monthly payments. Actual amount of attorney's fees and costs is $81,773.20 ($11,737.45 shall be distributed to ERC as reimbursement to ERC for reasonable costs in bringing this action, $44,555 shall be distributed to William F. Wraith as reimbursement of ERC's attorney's fees, and $25,480.75 shall be distributed to ERC for its in-house legal fees). Actual amount of in lieu penalties is $61,538.80.)
Total Payments:
$ 225,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
William F. Wraith
Contact Organization: 
Wraith Law
Email Address:
bill@wraithlaw.com
Address: 
24422 Avenida de la Carlota, Suite 400
City, State, Zip:
Laguna Hills, CA 92653
Phone Number:
(949) 452-1234
Fax Number:
(949) 452-1234

* 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.