Settlement Date:
05/03/2016
Case Name:
Environmental Research Center v. Deseret Biologicals, Inc.
Plaintiff:
Environmental Research Center, Inc.
Defendant:
Deseret Biologicals, Incorporated
Injunctive Relief:
Party shall not manufacture for sale in the State of California, “Distribute into the State of California,” or directly sell in the State of California, any Covered Product which exposes a person to a “Daily Lead Exposure Level” of more than 0.5 micrograms of lead per day when the maximum suggested dose is taken as directed on the Covered Product’s label, unless it meets the warning requirements. Warning and Testing Protocols.
*Non-Contingent Civil Penalty:
$ 20,560.00
Attorney(s) Fees and Costs:
$ 16,596.00
Payment in Lieu of Penalty:
$ 30,844.00 (Party shall make a total settlement payment of $68,000.00 in 4 equal installments of $17,000.00 each. The 1st installment will be made within 5 days of the Effective Date (“Due Date”) and the remaining three (3) installments will follow in 30 day increments. The Total Settlement Payment shall be allocated as follows: $20,560.00 shall be considered a civil penalty pursuant to California Health and Safety Code §25249.7(b)(1). ERC shall remit 75% ($15,420.00) 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% ($5,140.00) of the civil penalty. $1,304.42 shall be considered a reimbursement to ERC for its costs incurred as a result of bringing this Matter to Deseret Biologicals’ attention and negotiating a settlement. $30,844.15 shall be considered payment in lieu of civil penalties, for 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 of this Matter; and (2) the continued monitoring of past consent judgments and settlements to ensure companies are in compliance with Proposition 65. $6,265.00 shall be considered reimbursement of attorney fees for William F. Wraith, and $9,026.43 shall be considered reimbursement for ERC’s in-house legal fees.)
Total Payments:
$ 68,000.00
Will settlement be submitted to court?
Address:
24422 Avenida de la Carlota, Suite 400
City, State, Zip:
Laguna Hills, CA 92653
Phone Number:
(949) 452-1234
