60 Day Notice 2015-00557

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2015-00557
Notice PDF: 
PDF icon 2015-00557.pdf
Date Filed: 
06/15/2015
Noticing Party: 
Environmental Research Center, Inc.
Alleged Violators: 
Cyanotech Corporation
Nutrex Hawaii, Inc.
Chemicals: 
Lead and lead compounds
Source: 
Dietary Supplements

60-Day Notice Document

Civil Complaint
AG Number:
2015-00557
Complaint PDF: 
PDF icon 2015-00557C3952.pdf
Date Filed:
10/28/2015
Case Name: 
Environmental Research Center, Inc. v Cyanotech, et al
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG15791194
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Anne Barker
Michael Freund
Ryan Hoffman
Defendant: 
Cyanotech Corporation
Nutrex Hawaii, Inc.
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
Anne Barker
Contact Organization: 
Environmental Research Center, Inc.
Email Address:
abarker.erc@gmail.com
Address: 
3111 Camino Del Rio North, Ste. 400
City, State, Zip:
San Diego, CA 92108
Phone Number:
619-500-3090
Fax Number:
706-858-0326
Corrected Settlement
AG Number:
2015-00557
Settlement PDF: 
PDF icon 2015-00557S5166.pdf
Settlement Date:
08/08/2016
Case Name: 
Environmental Research Center, Inc. v. Cyanotech, et al.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG15791194
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Tanya A. Gulesserian
Christina M. Caro
Defendant: 
Peg Carew Toledo
Injunctive Relief: 
Warning, testing, reformulation
*Non-Contingent Civil Penalty:
$ 21,320.00
Attorney(s) Fees and Costs:
$ 42,357.00
Payment in Lieu of Penalty:
$ 21,323.00  (In full satisfaction of all potential civil penalties, payment in lieu of civil penalties, attorney’s fees, and costs, Cyanotech shall make a total payment of $85,000.00 to ERC within ten (10) days of the Effective Date. Cyanotech shall make this payment by wire transfer to ERC’s escrow account, for which ERC will give Cyanotech the necessary account information. Said payment shall be for the following: $21,320.00 shall be payable as civil penalties pursuant to California Health and Safety Code section 25249.7(b)(1). Of this amount, ERC shall remit 75% $15,990.00 to the Office of Environmental Health Hazard Assessment (“OEHHA”) and $5,330.00 shall be retained by ERC. California Health and Safety Code section 25249.12(c)(1) & (d). ERC will be responsible for forwarding the civil penalty. $650.21 shall be payable to ERC as reimbursement to ERC for reasonable costs incurred in bringing this action. $21,323.19 shall be payable 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 $1,066.00 to the Center for Environmental Health to address reducing toxic chemical exposures in California. $23,785.50 shall be payable to Adams Broadwell Joseph and Cardozo as reimbursement of ERC’s attorney’s fees while $17,921.10 shall be distributed to ERC for its in-house legal fees.)
Total Payments:
$ 85,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Christina M. Caro
Contact Organization: 
Adams Broadwell Joseph & Cardozo
Email Address:
ccaro@adamsbroadwell.com
Address: 
601 Gateway Blvd., Suite 1000
City, State, Zip:
South San Francisco, CA 94080
Phone Number:
650-589-1660
Settlement
AG Number:
2015-00557
Settlement PDF: 
PDF icon 2015-00557S5142.pdf
Settlement Date:
08/08/2016
Case Name: 
Environmental Research Center, Inc. v. Cyanotech, et al.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG15791194
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Tanya A. Gulesserian
Christina M. Caro
Defendant: 
Peg Carew Toledo
Injunctive Relief: 
Warning, testing, reformulation, injunctive relief, civil penalty
*Non-Contingent Civil Penalty:
$ 21,320.00
Attorney(s) Fees and Costs:
$ 42,357.00
Payment in Lieu of Penalty:
$ 21,323.00  (N/A)
Total Payments:
$ 85,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Christina M. Caro
Contact Organization: 
Adams Broadwell Joseph & Cardozo
Email Address:
ccaro@adamsbroadwell.com
Address: 
601 Gateway Blvd., Suite 1000
City, State, Zip:
South San Francisco, CA 94080
Phone Number:
(650) 589-1660
Judgment
AG Number:
2015-00557
Judgment PDF: 
PDF icon 2015-00557J3298.pdf
Judgment Date:
11/08/2016
Settlement reported to AG: 
Mon, 08/08/2016
Case Name: 
Envt'l Research Ctr., Inc. v. Cyanotech Corp et al.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG15791194
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Tanya A. Gulesserian
Christina M. Caro
Defendant: 
Cyanotech Corporation
Nutrex Hawaii, Inc.
Injunctive Relief: 
Warning, Testing, Reformulation
*Non-Contingent Civil Penalty:
$ 21,320.00
Attorney(s) Fees and Costs:
$ 42,357.00
Payment in Lieu of Penalty:
$ 21,323.00  ((In full satisfaction of all potential civil penalties, payment in lieu of civil penalties, attorney’s fees, and costs, Cyanotech shall make a total payment of $85,000.00 to ERC within ten (10) days of the Effective Date. Cyanotech shall make this payment by wire transfer to ERC’s escrow account, for which ERC will give Cyanotech the necessary account information. Said payment shall be for the following: $21,320.00 shall be payable as civil penalties pursuant to California Health and Safety Code section 25249.7(b)(1). Of this amount, ERC shall remit 75% $15,990.00 to the Office of Environmental Health Hazard Assessment (“OEHHA”) and $5,330.00 shall be retained by ERC. California Health and Safety Code section 25249.12(c)(1) & (d). ERC will be responsible for forwarding the civil penalty. $650.21 shall be payable to ERC as reimbursement to ERC for reasonable costs incurred in bringing this action. $21,323.19 shall be payable 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 $1,066.00 to the Center for Environmental Health to address reducing toxic chemical exposures in California. $23,785.50 shall be payable to Adams Broadwell Joseph and Cardozo as reimbursement of ERC’s attorney’s fees while $17,921.10 shall be distributed to ERC for its in-house legal fees.))
Total Payments:
$ 85,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Christina M. Caro
Contact Organization: 
Adams Broadwell Joseph & Cardozo
Email Address:
ccaro@adamsbroadwell.com
Address: 
601 Gateway Boulevard, Suite 1000
City, State, Zip:
South San Francisco, CA 94080
Phone Number:
(650) 589-1660
Fax Number:
(650) 589-5062

* 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.