60 Day Notice 2015-00857

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2015-00857
Notice PDF: 
PDF icon 2015-00857.pdf
Date Filed: 
08/28/2015
Noticing Party: 
Environmental Research Center, Inc.
Alleged Violators: 
Oxyfresh Worldwide, Inc.
Oxyfresh Worldwide, Inc. dba Life Shotz
Oxyfresh.com/21 Ten, Inc.
Chemicals: 
Cadmium
Lead and lead compounds
Source: 
Dietary Supplements

60-Day Notice Document

Civil Complaint
AG Number:
2015-00857
Complaint PDF: 
PDF icon 2015-00857C4497.pdf
Date Filed:
11/18/2016
Case Name: 
Environmental Research Center, Inc. v. Oxyfresh Worldwide
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16840102
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Anne Barker
Defendant: 
Oxyfresh Worldwide, Inc.
Oxyfresh.com/21 Ten, Inc.
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
Anne Barler
Contact Organization: 
Environmental Research Center, Inc.
Email Address:
abarker.erc@gmail.com
Address: 
3111 Camino Del Rio North, Suite 400
City, State, Zip:
San Diego, CA 92108
Phone Number:
(619) 500-3090
Fax Number:
619
Settlement
AG Number:
2015-00857
Settlement PDF: 
PDF icon 2015-00857S5411.pdf
Settlement Date:
11/29/2016
Case Name: 
Environmental Research Center, Inc. v. Oxyfresh Worldwide
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16840102
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Anne Barker
Defendant: 
Oxyfresh Worldwide, Inc.
Oxyfresh.com/21 Ten, Inc.
Injunctive Relief: 
Beginning 4 months after the effective date, Oxyfresh shall be permanently enjoined from manufacturing for sale, distributing into or directly selling in the State of California, any product identified in the Consent Judgment which exposes a person to more than 0.5 micrograms per day of lead and/or 4.10 micrograms per day of cadmium when maximum suggested dose is taken as directed on the product's label, unless it meets the requirements under section 3.2 of the Consent Judgment.
*Non-Contingent Civil Penalty:
$ 26,876.00
Attorney(s) Fees and Costs:
$ 27,967.00
Payment in Lieu of Penalty:
$ 20,157.00  (Amounts are rounded. Actual amounts: Atty fees & costs: $27,966.68; Civ Pen. $26,876.20; Additional Settlement Payment (ASP) $20,157.12. ASP shall be distributed pursuant to CCR title 27, secs.3203 subdivision (d) and 3204. ERC will utilize the ASP for activities detailed below that support ERC's overall goal of reducing and/or eliminating hazardous and toxic chemicals in dietary supplement products in California. ERC's activities have had, and will continue to have, a direct and primary effect within the State of California as California consumers will be benefit by the reduction and/or elimination of exposure to lead and/or cadmium in dietary supplements and/or by providing clear and reasonable warnings to California consumers prior to ingestion of the products. Based on a review past years' actual budgets, ERC is providing the following list of activities ERC engages in to protect California consumers through Proposition 65 citizen enforcement, along with a breakdown of how ASP funds will be utilized to facilitate those activities: (1) ENFORCEMENT (55-­70 %): obtaining, shipping, analyzing, and testing dietary supplement products that may contain lead and/or cadmium and are sold to California consumers; continued monitoring and enforcement of past consent judgments and settlements to ensure companies are in compliance with their obligations thereof, with a specific focus on those judgments and settlements concerning lead and/or cadmium (which necessarily includes additional work purchasing, processing, analyzing and testing consumer products; litigating matters that result in defaults, bankruptcies, or dismissals; (2) VOLUNTARY COMPLIANCE PROGRAM (10-­20 %): maintaining ERC’s Voluntary Compliance Program by acquiring products from companies, developing and maintaining a case file, testing products from these companies, providing the test results and supporting documentation to the companies, and offering guidance in implementing a self-­testing program for lead and/or cadmium in dietary supplement products; (3) “GOT LEAD” PROGRAM (up to 5%): maintaining ERC’s “Got Lead?” Program which reduces the numbers of contaminated products that reach California consumers by providing access to free testing for lead in dietary supplement products (Products submitted to the program are screened for ingredients which are suspected to be contaminated, and then may be purchased by ERC, catalogued, sent to a qualified laboratory for testing, and the results shared with the consumer that submitted the product); (4) DONATION: from this settlement, a donation of $1,008.00 to As You Sow will be provided to address reducing toxic chemical exposures in California and following up with the recipient to ensure the funds are utilized in a manner that is consistent with ERC’s mission and stated purpose of the Donation; (5) PUBLIC OUTREACH (up to 5%): public outreach programs including maintaining ERC’s blog, website, and social media accounts; (6) SPECIAL PROJECTS (10­-20 %): projects including obtaining expert and legal opinions not specific to any one case that are necessary to the continued private enforcement of Proposition 65 (7) SCHOLARSHIPS (up to 5%): scholarships for college students in California who have been or are currently diagnosed with cancer or who are pursuing an environmental health science major; and (8) PRODUCT DATABASE (up to 5%): maintaining a database with all products sold to California consumers that ERC has tested for lead, cadmium, or arsenic. ERC will maintain adequate records to document that the funds paid as an ASP are spent on the activities described herein. ERC shall provide the Attorney General, within thirty days of any request, copies of documentation demonstrating how such funds have been spent.) )
Total Payments:
$ 75,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Anne Barker
Contact Organization: 
Environmental Research Center, Inc.
Email Address:
abarker.erc@gmail.com
Address: 
3111 Camino Del Rio North, Suite 400
City, State, Zip:
San Diego, CA 92108
Phone Number:
(619) 500-3090
Fax Number:
706-858-0326
Judgment
AG Number:
2015-00857
Judgment PDF: 
PDF icon 2015-00857J3380.pdf
Judgment Date:
02/03/2017
Settlement reported to AG: 
Tue, 11/29/2016
Case Name: 
Environmental Research Center, Inc. v. Oxyfresh Worldwide
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16840102
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Anne Barker
Defendant: 
Oxyfresh Worldwide, Inc.
Oxyfresh Worldwide, Inc. dba Life Shotz
Oxyfresh.com/21 Ten, Inc.
Injunctive Relief: 
Beginning 4 months after the Effective Date, Oxyfresh shall be permanently enjoined from manufacturing for sale, distributing in or directly selling in the State of California, any product identified in the consent judgment which exposes a person to more than 0.5 micrograms per day of lead and/or 4.1 micraograms per day of cadmium when when the maximum suggested dose is taken as directed on the product’s label unless it meets the warning requirements under Section 3.2 of the consent judgment.
*Non-Contingent Civil Penalty:
$ 26,876.00
Attorney(s) Fees and Costs:
$ 27,967.00
Payment in Lieu of Penalty:
$ 20,157.00  ((Amounts are rounded. Actual amounts: Attorney fees & costs: $27,966.68, civil penalty: $26,876.20, and additional settlement payment (ASP): $20,157.12. ASP shall be distributed pursuant to California Code of Regulations, title 11, sections 3203, subdivision (d) and 3204. ERC will utilize the ASP for activities detailed below that support ERC’s overarching goal of reducing and/or eliminating hazardous and toxic chemicals in dietary supplement products in California. ERC’s activities have had, and will continue to have, a direct and primary effect within the State of California because California consumers will be benefitted by the reduction and/or elimination of exposure to lead and/or cadmium in dietary supplements and/or by providing clear and reasonable warnings to California consumers prior to ingestion of the products. Based on a review of past years’ actual budgets, ERC is providing the following list of activities ERC engages in to protect California consumers through Proposition 65 citizen enforcement, along with a breakdown of how ASP funds will be utilized to facilitate those activities: (1) ENFORCEMENT (55-­70%): obtaining, shipping, analyzing, and testing dietary supplement products that may contain lead and/or cadmium and are sold to California consumers; continued monitoring and enforcement of past consent judgments and settlements to ensure companies are in compliance with their obligations thereunder, with a specific focus on those judgments and settlements concerning lead and/or cadmium (which necessarily includes additional work purchasing, processing, analyzing and testing consumer products; litigating matters that result in defaults, bankruptcies, or dismissals; (2) VOLUNTARY COMPLIANCE PROGRAM (10-­20%): maintaining ERC’s Voluntary Compliance Program by acquiring products from companies, developing and maintaining a case file, testing products from these companies, providing the test results and supporting documentation to the companies, and offering guidance in implementing a self­testing program for lead and/or cadmium in dietary supplement products; (3) “GOT LEAD” PROGRAM (up to 5%): maintaining ERC’s “Got Lead?” Program which reduces the numbers of contaminated products that reach California consumers by providing access to free testing for lead in dietary supplement products (Products submitted to the program are screened for ingredients which are suspected to be contaminated, and then may be purchased by ERC, catalogued, sent to a qualified laboratory for testing, and the results shared with the consumer that submitted the product) (4) DONATION: from this settlement, a donation of $1,008.00 to As You Sow will be provided to address reducing toxic chemical exposures in California and following up with the recipient to ensure the funds are utilized in a manner that is consistent with ERC’s mission and stated purpose of the Donation; (5) PUBLIC OUTREACH (up to 5%): public outreach programs including maintaining ERC’s blog, website, and social media accounts; (6) SPECIAL PROJECTS (10-20%): projects including obtaining expert and legal opinions not specific to any one case that are necessary to the continued private enforcement of Proposition 65 (7) SCHOLARSHIPS (up to 5%): scholarships for college students in California who have been or are currently diagnosed with cancer or who are pursuing an environmental health science major; and (8) PRODUCT DATABASE (up to 5%): maintaining a database with all products sold to California consumers that ERC has tested for lead, cadmium, or arsenic. ERC will maintain adequate records to document that the funds paid as an ASP are spent on the activities described herein. ERC shall provide the Attorney General, within thirty days of any request, copies of documentation demonstrating how such funds have been spent.))
Total Payments:
$ 75,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Anne Barker
Contact Organization: 
Environmental Research Center, Inc.
Email Address:
abarker.erc@gmail.com
Address: 
3111 Camino Del Rio North, Suite 400
City, State, Zip:
San Diego, CA 92108
Phone Number:
(619) 500-3090
Fax Number:
706-858-0326

* 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.