60 Day Notice 2016-00122

AG Number: 
2016-00122
Notice PDF: 
Date Filed: 
02/19/2016
Noticing Party: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund
Alleged Violators: 
Le-Vel Brands LLC
Chemicals: 
Lead and lead compounds
Source: 
Dietary Supplements

60-Day Notice Document

Settlement
AG Number:
2016-00122
Settlement PDF: 
Settlement Date:
09/22/2016
Case Name: 
Environmental Research Center, Inc. v. Le-Vel Brands, LLC
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16831900
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund
Defendant: 
Le-Vel Brands LLC
Injunctive Relief: 
Any Covered Products that are manufactured six (6) months after the Effective Date (the "Compliance Date") that Le-Vel thereafter distributes into the State of California, offers for sale to a third party for retail sale in California, or directly sells in the State of California, shall either (1) contain no more than 0.5 micrograms of lead per day as calculated pursuant to Section 3.1.2, excluding allowances pursuant to Section 3.3, and as validated by the quality control methodology described in Section 3.4; or (2) meet the warning requirements under Section 3.2.
*Non-Contingent Civil Penalty:
$ 68,235.00
Attorney(s) Fees and Costs:
$ 43,530.00
Payment in Lieu of Penalty:
$ 68,235.00  (Reimbursement of attorneys' fees in the amount of $39,261.41 and reimbursement of costs in the amount of $4,268.51. $3,411 of the in lieu money will be a donation to the Center for Environmental Health to address reducing toxic chemical exposures in California. )
Total Payments:
$ 180,000.00
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:
2016-00122
Judgment PDF: 
Judgment Date:
11/29/2016
Settlement reported to AG: 
Thu, 09/22/2016
Case Name: 
Environmental Research Center, Inc. vs. Le-Vel Brands, LLC
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16831900
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund
Defendant: 
Le-Vel Brands LLC
Injunctive Relief: 
Any covered Products that are manufactured six (6) months after the Effective Date (the "Compliance Date") that Le-Vel thereafter distributes into the State of California, offers for sale to a third party for retail sale in California, or directly sells in the State of California, shall either (1) contain no more than 0.5 micrograms of lead per day as calculated pursuant to Section 3.1.2, excluding allowances pursuant to Section 3.3, and as validated by the quality control methodology described in Section 3.4; or (2) meet the warning requirements under Section 3.2.
*Non-Contingent Civil Penalty:
$ 68,235.00
Attorney(s) Fees and Costs:
$ 43,530.00
Payment in Lieu of Penalty:
$ 68,235.00  (Reimbursement of attorneys' fees in the amount of $39,261.41 and reimbursement of costs in the amount of $4,268.51. $3,411 of the in lieu money will be a donation to the Center for Environmental Health to address reducing toxic chemical exposures in California. )
Total Payments:
$ 180,000.00
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.