60 Day Notice 2015-01034

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2015-01034
Notice PDF: 
PDF icon 2015-01034.pdf
Date Filed: 
10/16/2015
Noticing Party: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Christina M. Caro
Alleged Violators: 
Orgain, Inc.
Chemicals: 
Lead and lead compounds
Source: 
Dietary Supplements

60-Day Notice Document

Supplemental Complaint
AG Number:
2015-01034
Complaint PDF: 
PDF icon 2015-01034C4541.pdf
Date Filed:
12/27/2016
Case Name: 
Environmental Research Center, Inc. v. Orgain, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16833858
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Tanya A. Gulesserian
Christina M. Caro
Defendant: 
Orgain, Inc.
Type of Claim: 
Failure to Warn
Preliminary/Permanent Injunction; Attorneys Fees
Relief Sought: 
Warning
Civil Penalty
Attorneys Fees and Costs
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
Civil Complaint
AG Number:
2015-01034
Complaint PDF: 
PDF icon 2015-01034C4419.pdf
Date Filed:
10/05/2016
Case Name: 
Environmental Research Center, Inc. v. Orgain, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16833858
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Tanya A. Gulesserian
Christina M. Caro
Defendant: 
Orgain, Inc.
Type of Claim: 
Failure to Warn
Preliminary/Permanent Injunction; Attorneys Fees
Relief Sought: 
Warning
Civil Penalty
Attorneys Fees and Costs
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
Settlement
AG Number:
2015-01034
Settlement PDF: 
PDF icon 2015-01034S6007.pdf
Settlement Date:
08/24/2017
Case Name: 
Environmental Research Center, Inc. v. Orgain, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16833858
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Tanya A. Gulesserian
Christina M. Caro
Defendant: 
Orgain, Inc.
Injunctive Relief: 
Clear and Reasonable Warnings, reformulation, ongoing product testing
*Non-Contingent Civil Penalty:
$ 66,854.00
Attorney(s) Fees and Costs:
$ 133,005.00
Payment in Lieu of Penalty:
$ 50,141.00  (ERC will utilize the additional settlement payment (ASP) for activities that address the same public harm as allegedly caused by Defendant in this matter. These activities support ERC’s overarching goal of reducing and/or 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. These activities include (1) ENFORCEMENT (65-80%): obtaining, shipping, analyzing, and testing dietary supplement products that may contain lead and/or cadmium and are sold to California consumers. This work includes 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. This work also includes investigation of new companies that ERC does not obtain any recovery through settlement or judgment; (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 warning or implementing a self-testing program for lead and/or cadmium in dietary supplement products; and (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).)
Total Payments:
$ 250,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Christina 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
Fax Number:
(650) 589-5062
Judgment
AG Number:
2015-01034
Judgment PDF: 
PDF icon 2015-01034J3636.pdf
Judgment Date:
11/01/2017
Settlement reported to AG: 
Thu, 08/24/2017
Case Name: 
Environmental Research Center, Inc. v. Orgain, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16833858
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Tanya A. Gulesserian
Christina M. Caro
Defendant: 
Orgain, Inc.
Injunctive Relief: 
Clear and reasonable warnings, reformulation, ongoing product testing
*Non-Contingent Civil Penalty:
$ 66,854.00
Attorney(s) Fees and Costs:
$ 133,005.00
Payment in Lieu of Penalty:
$ 50,141.00  (ERC will utlize the additional settlement payment (ASP) for activities that address the same public harm as allegedly caused by Defendant in this matter. These activities 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 benefited 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. These activities include: (1) ENFORCEMENT (65-80%): obtaining, shipping, analyzing, and testing dietary supplement products that may contain lead and/or cadmium and are sold to California consumers. This work includes 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. This work also includes investigation of new companies that ERC does not obtain any recovery through settlement or judgment; (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 warning or implementing a self-testing program for lead and/or cadmium in dietary supplement products; and (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).)
Total Payments:
$ 250,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Christina 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
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.