60 Day Notice 2015-00850

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2015-00850
Notice PDF: 
PDF icon 2015-00850.pdf
Date Filed: 
08/28/2015
Noticing Party: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
William F. Wraith
Alleged Violators: 
Hallelujah Acres, Incorporated, individually and doing business as Hallelujah Diet
Chemicals: 
Lead and lead compounds
Source: 
Dietary Supplements

60-Day Notice Document

Civil Complaint
AG Number:
2015-00850
Complaint PDF: 
PDF icon 2015-00850C4244.pdf
Date Filed:
04/29/2016
Case Name: 
Environmental Research Center v. Hallelujah Acres
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16813816
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
William F. Wraith
Defendant: 
Hallelujah Acres, Incorporated individually and dba Hallelujah Diet
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:
Suite 400, CA 92653
Phone Number:
(949) 452-1234
Settlement
AG Number:
2015-00850
Settlement PDF: 
PDF icon 2015-00850S5216.pdf
Settlement Date:
09/03/2016
Case Name: 
Environmental Research Center v. Hallelujah Acres, Inc
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16813816
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
William F. Wraith
Defendant: 
Hallelujah Acres, Inc., individually and dab Hallelujah Diet
Injunctive Relief: 
Defendant agrees to be permanently enjoined from manufacturing for sale in the State of California, Distributing into the State of California, or directly selling in the State of California, any Covered Product which exposes a person to a Daily Lead Exposure Level of more than 0.5 micrograms per day of lead when the maximum suggested dose is taken as directed on the Covered Product’s label, unless it meets the warning requirements set forth in the consent judgment; Warning Protocol; Testing Protocol; and Option for Reformulation of Covered Product, which means the Daily Lead Exposure Level when the maximum suggested dose is taken as directed on the Reformulated Covered Product’s label, contains no more than 0.5 micrograms of lead per day
*Non-Contingent Civil Penalty:
$ 9,264.00
Attorney(s) Fees and Costs:
$ 36,470.00
Payment in Lieu of Penalty:
$ 9,266.00  (Actual Payment Amounts set forth in the Consent Judgment are as follows for the full settlement amount of $55,000, made in seven (7) consecutive equal monthly installments: $9,264.00 shall be considered a civil penalty pursuant to California Health and Safety Code §25249.7(b)(1). ERC shall remit 75% ($6,948.00) of the civil penalty to the Office of Environmental Health Hazard Assessment (“OEHHA”) for deposit in the Safe Drinking Water and Toxic Enforcement Fund in accordance with California Health and Safety Code §25249.12(c). ERC will retain the remaining 25% ($2,316.00) of the civil penalty. $4,567.95 shall be distributed to ERC as reimbursement to ERC for all of its investigative, expert or any other costs incurred in serving the Notice, filing the Complaint or otherwise prosecuting this action. $9,265.71 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 $463.00 to the Center For Environmental Healthto address reducing toxic chemical exposures in California. In complete reimbursement of ERC’s attorney’s fees up through and including the entry of this Consent Judgment, $11,375.00 shall be distributed to William F. Wraith, 315.00 shall be distributed to Michael Freund, while $20,212.34 shall be distributed to ERC for its in-house legal fees. )
Total Payments:
$ 55,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
William F. Wraith
Contact Organization: 
Wraith Law
Email Address:
wraithlaw@earthlink.net
Address: 
24422 Avenida de la Carlota, Suite 400
City, State, Zip:
Laguna Hills, CA 92653
Phone Number:
(949) 452-1234
Judgment
AG Number:
2015-00850
Judgment PDF: 
PDF icon 2015-00850J3297.pdf
Judgment Date:
11/10/2016
Settlement reported to AG: 
Sat, 09/03/2016
Case Name: 
Environmental Research Center v. Hallelujah Acres, Inc
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16813816
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
William F. Wraith
Defendant: 
Hallelujah Acres, Inc., individually and dab Hallelujah Diet
Injunctive Relief: 
Defendant agrees to be permanently enjoined from manufacturing for sale in the State of California, Distributing into the State of California, or directly selling in the State of California, any Covered Product which exposes a person to a Daily Lead Exposure Level of more than 0.5 micrograms per day of lead when the maximum suggested dose is taken as directed on the Covered Product’s label, unless it meets the warning requirements set forth in the consent judgment; Warning Protocol; Testing Protocol; and Option for Reformulation of Covered Product, which means the Daily Lead Exposure Level when the maximum suggested dose is taken as directed on the Reformulated Covered Product’s label, contains no more than 0.5 micrograms of lead per day
*Non-Contingent Civil Penalty:
$ 9,264.00
Attorney(s) Fees and Costs:
$ 36,470.00
Payment in Lieu of Penalty:
$ 9,266.00  (Actual Payment Amounts set forth in the Consent Judgment are as follows for the full settlement amount of $55,000, made in seven (7) consecutive equal monthly installments: $9,264.00 shall be considered a civil penalty pursuant to California Health and Safety Code §25249.7(b)(1). ERC shall remit 75% ($6,948.00) of the civil penalty to the Office of Environmental Health Hazard Assessment (“OEHHA”) for deposit in the Safe Drinking Water and Toxic Enforcement Fund in accordance with California Health and Safety Code §25249.12(c). ERC will retain the remaining 25% ($2,316.00) of the civil penalty. $4,567.95 shall be distributed to ERC as reimbursement to ERC for all of its investigative, expert or any other costs incurred in serving the Notice, filing the Complaint or otherwise prosecuting this action. $9,265.71 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 $463.00 to the Center For Environmental Healthto address reducing toxic chemical exposures in California. In complete reimbursement of ERC’s attorney’s fees up through and including the entry of this Consent Judgment, $11,375.00 shall be distributed to William F. Wraith, 315.00 shall be distributed to Michael Freund, while $20,212.34 shall be distributed to ERC for its in-house legal fees. )
Total Payments:
$ 55,000.00
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

* 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.