60 Day Notice 2015-01111

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2015-01111
Notice PDF: 
PDF icon 2015-01111.pdf
Date Filed: 
11/05/2015
Noticing Party: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund
Alleged Violators: 
Nutrition 53, Inc.
Chemicals: 
Lead and lead compounds
Source: 
Dietary Supplements

60-Day Notice Document

Civil Complaint
AG Number:
2015-01111
Complaint PDF: 
PDF icon 2015-01111C4210.pdf
Date Filed:
03/28/2016
Case Name: 
Environmental Research Center, Inc. v. Nutrition 53, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16809437
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Ryan Hoffman
Michael Freund
Defendant: 
Nutrition 53, Inc.
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Declaratory Relief
Contact Name: 
Ryan Hoffman
Contact Organization: 
Michael Freund & Associates
Email Address:
rrhoffma@gmail.com
Address: 
1919 Addison Street, Suite 105
City, State, Zip:
Berkeley, CA 94704
Phone Number:
(510) 540-1992
Settlement
AG Number:
2015-01111
Settlement PDF: 
PDF icon 2015-01111S5416.pdf
Settlement Date:
11/30/2016
Case Name: 
Environmental Research Center, Inc. v. Nutrition 53, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16809437
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Ryan Hoffman
Michael Freund
Defendant: 
Nutrition 53, Inc.
Injunctive Relief: 
Beginning on the effective date of the consent judgment, Nutrition 53 shall be permanently enjoined from distributing into the State of California, or directly selling in the State of California, any product covered by the consent judgment that exposes a person to more than 0.5 micrograms of lead per day unless it meets the warning requirements under section 3.2 of the consent judgment.
*Non-Contingent Civil Penalty:
$ 25,699.00
Attorney(s) Fees and Costs:
$ 37,526.00
Payment in Lieu of Penalty:
$ 19,275.00  ($4,096.35 for ERC's costs, $4,590.00 for Michael Freund's attorney fees, $10,100.00 for Ryan Hoffman's attorney fees, and $18,739.90 for ERC's in-house legal fees. $19,274.44 shall be distributed to ERC as an Additional Settlement Payment (“ASP”), pursuant to California Code of Regulations, title 27, sections 3203, subdivision (d) and 3204. ERC will utilize the ASP for activities that address the same public harm as allegedly caused by Defendant in this matter. These activities are detailed below and 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 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 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 (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 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 $900.00 to Center For Environmental Health 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:
$ 82,500.00
Will settlement be submitted to court?
Yes
Contact Name: 
Ryan Hoffman
Contact Organization: 
Michael Freund & Associates
Email Address:
rrhoffma@gmail.com
Address: 
1919 Addison Street, Suite 105
City, State, Zip:
Berkeley, CA 94704
Phone Number:
(510) 540-1992
Judgment
AG Number:
2015-01111
Judgment PDF: 
PDF icon 2015-01111J3483.pdf
Judgment Date:
04/12/2017
Settlement reported to AG: 
Wed, 11/30/2016
Case Name: 
Environmental Research Center, Inc. v. Nutrition 53, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16809437
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Ryan Hoffman
Michael Freund
Defendant: 
Nutrition 53, Inc.
Injunctive Relief: 
Beginning on the effective date of the consent judgment, Nutrition 53 shall be permanently enjoined from distributing into the State of California, or directly selling in the State of California, any product covered by the consent judgment that exposes a person to more than 0.5 micrograms of lead per day unless it meets the warning requirements under section 3.2 of the consent judgment.
*Non-Contingent Civil Penalty:
$ 25,699.00
Attorney(s) Fees and Costs:
$ 37,526.00
Payment in Lieu of Penalty:
$ 19,275.00  ($4,096.35 for ERC's costs, $4,590.00 for Michael Freund's attorney fees, $10,100.00 for Ryan Hoffman's attorney fees, and $18,739.90 for ERC's in-house legal fees. $19,274.44 shall be distributed to ERC as an Additional Settlement Payment (“ASP”), pursuant to California Code of Regulations, title 27, sections 3203, subdivision (d) and 3204. ERC will utilize the ASP for activities that address the same public harm as allegedly caused by Defendant in this matter. These activities are detailed below and 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 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 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 (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 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 $900.00 to Center For Environmental Health 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:
$ 82,500.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Ryan Hoffman
Contact Organization: 
Michael Freund & Associates
Email Address:
rrhoffma@gmail.com
Address: 
1919 Addison Street, Suite 105
City, State, Zip:
Berkeley, CA 94704
Phone Number:
(510) 540-1992

* 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.