60 Day Notice 2015-01268

AG Number: 
2015-01268
Notice PDF: 
Date Filed: 
12/16/2015
Noticing Party: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund
Alleged Violators: 
Total Life Changes, LLC
Chemicals: 
Lead and lead compounds
Source: 
Dietary Supplements

60-Day Notice Document

Civil Complaint
AG Number:
2015-01268
Complaint PDF: 
Date Filed:
08/08/2016
Case Name: 
Environmental Research Center v. Total Life Changes, LLC
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16826366
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund
Defendant: 
Total Life Changes, LLC
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
Michael Freund
Contact Organization: 
Michael Freund & Associates
Email Address:
Address: 
1919 Addison Street, Suite 105
City, State, Zip:
Berkeley , CA 94704
Phone Number:
(510) 540-1992
Fax Number:
(510) 540-5543
Supplemental Settlement
AG Number:
2015-01268
Settlement PDF: 
Settlement Date:
08/17/2016
Case Name: 
Environmental Research Center, Inc. v Total Life Changes
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16826366
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund
Defendant: 
Total Life Changes, LLC
Injunctive Relief: 
Beginning on the Effective Date, Total Life Changes shall not "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 each such unit of the Covered Product meets the warning requirements under Section 3.2.
*Non-Contingent Civil Penalty:
$ 33,232.00
Attorney(s) Fees and Costs:
$ 31,035.00
Payment in Lieu of Penalty:
$ 33,233.00  (Attorneys' fees in the amount of $29,348.01 and costs incurred in the amount of $1,686.60. $33,233.39 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 $1,660.00 to the Center For Environmental Health to address reducing toxic chemical exposures in California.)
Total Payments:
$ 97,500.00
Will settlement be submitted to court?
Yes
Contact Name: 
Michael Freund
Contact Organization: 
Michael Freund & Associates
Email Address:
freund1@aol.com
Address: 
1919 Addison Street, Suite 105
City, State, Zip:
Berkeley , CA 94704
Phone Number:
(510) 540-1992
Fax Number:
(510) 540-5543
Comments: 
Further description of in lieu payments is provided.
Corrected Settlement
AG Number:
2015-01268
Settlement PDF: 
Settlement Date:
08/17/2016
Case Name: 
Environmental Research Center, Inc. v. Total Life Changes
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16826366
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund
Defendant: 
Total Life Changes, LLC
Injunctive Relief: 
Beginning on the Effective Date, Total Life Changes shall not "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 each such unit of the Covered Product meets the warning requirements under Section 3.2.
*Non-Contingent Civil Penalty:
$ 33,232.00
Attorney(s) Fees and Costs:
$ 31,035.00
Payment in Lieu of Penalty:
$ 33,233.00  (Attorneys' fees in the amount of $29,348.01 and costs incurred in the amount of $1,686.60. ERC to donate $1,660.00 of the payment in lieu of penalty to the Center for Environmental Health to address reducing toxic chemical exposures in California. )
Total Payments:
$ 97,500.00
Will settlement be submitted to court?
Yes
Contact Name: 
Michael Freund
Contact Organization: 
Michael Freund & Associates
Email Address:
freund1@aol.com
Address: 
1919 Addison Street, Suite 105
City, State, Zip:
Berkeley , CA 94704
Phone Number:
(510) 540-1992
Fax Number:
(510) 540-5543
Comments: 
Reference to "manufactures" was deleted in Section 1.4.
Settlement
AG Number:
2015-01268
Settlement PDF: 
Settlement Date:
08/17/2016
Case Name: 
Environmental Research Center, Inc. v. Total Life Changes
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16826366
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund
Defendant: 
Total Life Changes, LLC
Injunctive Relief: 
Beginning on the Effective Date, Total Life Changes shall not "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 each such unit of the Covered Product meets the warning requirements under Section 3.2.
*Non-Contingent Civil Penalty:
$ 33,232.00
Attorney(s) Fees and Costs:
$ 31,035.00
Payment in Lieu of Penalty:
$ 33,233.00  (Attorney's fees in the amount of $29,348.01 and costs incurred in the amount of $1,686.60. ERC to donate $1,660.00 of the payment in lieu of penalty to the Center for Environmental Health to address reducing toxic chemical exposures in California. )
Total Payments:
$ 97,500.00
Will settlement be submitted to court?
Yes
Contact Name: 
Michael Freund
Contact Organization: 
Michael Freund & Associates
Email Address:
freund1@aol.com
Address: 
1919 Addison Street, Suite 105
City, State, Zip:
Berkeley , CA 94704
Phone Number:
(510) 540-1992
Fax Number:
(510) 540-5543
Judgment
AG Number:
2015-01268
Judgment PDF: 
Judgment Date:
10/25/2016
Settlement reported to AG: 
Wed, 08/17/2016
Case Name: 
Environmental Research Center v. Total Life Changes, LLC
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16826366
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund
Defendant: 
Total Life Changes, LLC
Injunctive Relief: 
Beginning on the Effective Date, Total Life Changes shall not "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 each such unit of the Covered Product meets the warning requirements under Section 3.2.
*Non-Contingent Civil Penalty:
$ 33,232.00
Attorney(s) Fees and Costs:
$ 31,035.00
Payment in Lieu of Penalty:
$ 33,233.00  (Attorneys' fees in the amount of $29,348.01 and costs incurred in the amount of $1,686.60. $33,233.39 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 $1,660.00 to the Center for Environmental Health to address reducing toxic chemical exposures in California. )
Total Payments:
$ 97,500.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Michael Freund
Contact Organization: 
Michael Freund & Associates
Email Address:
freund1@aol.com
Address: 
1919 Addison Street, Suite 105
City, State, Zip:
Berkeley , CA 94704
Phone Number:
(510) 540-1992
Fax Number:
(510) 540-5543


* 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.