60 Day Notice 2016-00124

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2016-00124
Notice PDF: 
PDF icon 2016-00124.pdf
Date Filed: 
02/19/2016
Noticing Party: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Rebecca Davis
Alleged Violators: 
USANA Health Sciences, Inc.
Chemicals: 
Lead and lead compounds
Source: 
Dietary Supplements

60-Day Notice Document

Civil Complaint
AG Number:
2016-00124
Complaint PDF: 
PDF icon 2016-00124C4490.pdf
Date Filed:
11/28/2016
Case Name: 
Environmental Research Center, Inc. v. USANA Health Sciences
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16840320
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Douglas J.Chermak
Defendant: 
USANA Health Sciences, Inc.
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
Toyer Grear
Contact Organization: 
Lozeau Drury LLP
Email Address:
toyer@lozeaudrury.com
Address: 
410 12th Street, Ste.250
City, State, Zip:
Oakland, CA 94607
Phone Number:
510-836-4200
Fax Number:
510-836-4205
Settlement
AG Number:
2016-00124
Settlement PDF: 
PDF icon 2016-00124S5448.pdf
Settlement Date:
12/20/2016
Case Name: 
Environmental Research Center, Inc. v. USANA Health Sciences
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16840320
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Douglas J.Chermak
Defendant: 
USANA Health Sciences, Inc.
Injunctive Relief: 
Warning or Reformulation, Testing
*Non-Contingent Civil Penalty:
$ 133,933.00
Attorney(s) Fees and Costs:
$ 40,617.00
Payment in Lieu of Penalty:
$ 100,450.00  (Payment in Lieu of Penalties (referred to as Additional Settlement Payment(ASP)in the Settlement will be used to address the same public harm as allegedly caused by Defendant. These activities include obtaining, shipping, analyzing, and testing dietary supplement products that may contain lead and are sold to California consumers, monitoring and enforcement of past settlements to ensure compliance with those concerning lead, public outreach, maintenance of a database to log products sold to CA consumers and a donation to Center for Environmental Health to reduce and/or eliminate hazardous and toxic chemicals in dietary supplement products in California. )
Total Payments:
$ 275,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Theresa Rettinghouse
Contact Organization: 
Lozeau Drury LLP
Email Address:
theresa@lozeaudrury.com
Address: 
410 12 Th Street, Suite 250
City, State, Zip:
Oakland, CA 94607
Phone Number:
(510) 836-4200
Fax Number:
(510) 836-4205
Judgment
AG Number:
2016-00124
Judgment PDF: 
PDF icon 2016-00124J3427.pdf
Judgment Date:
03/28/2017
Settlement reported to AG: 
Tue, 12/20/2016
Case Name: 
Environmental Research Center, Inc. v. Usana Health Sciences
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16840320
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Douglas J. Chermak
Defendant: 
Usana Health Sciences, Inc.
Injunctive Relief: 
Warning or Reformulation, Testing
*Non-Contingent Civil Penalty:
$ 133,933.00
Attorney(s) Fees and Costs:
$ 40,617.00
Payment in Lieu of Penalty:
$ 100,450.00  ((Payment in Lieu of Penalties (referred to as Additional Settlement Payment(ASP)in the Settlement will be used to address the same public harm as allegedly caused by Defendant. These activities include obtaining, shipping, analyzing, and testing dietary supplement products that may contain lead and are sold to California consumers, monitoring and enforcement of past settlements to ensure compliance with those concerning lead, public outreach, maintenance of a database to log products sold to CA consumers and a donation to Center for Environmental Health to reduce and/or eliminate hazardous and toxic chemicals in dietary supplement products in California. ))
Total Payments:
$ 275,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Toyer Grear
Contact Organization: 
Lozeau Drury LLP
Email Address:
toyer@lozeaudrury.com
Address: 
410 12th Street, Ste. 250
City, State, Zip:
Oakland, CA 94607
Phone Number:
510-836-4200
Fax Number:
510-836-4205

* 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.