60 Day Notice 2016-00271

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2016-00271
Notice PDF: 
PDF icon 2016-00271.pdf
Date Filed: 
03/30/2016
Noticing Party: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund & Associates
Alleged Violators: 
Bio Nutrition, Inc.
Chemicals: 
Cadmium
Lead and lead compounds
Source: 
Dietary Supplements

60-Day Notice Document

Civil Complaint
AG Number:
2016-00271
Complaint PDF: 
PDF icon 2016-00271C4277.pdf
Date Filed:
06/09/2016
Case Name: 
Environmental Research Center, Inc. vs. Bio Nutrition, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16818887
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund
Defendant: 
Bio Nutrition, Inc.
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
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
Settlement
AG Number:
2016-00271
Settlement PDF: 
PDF icon 2016-00271S5460.pdf
Settlement Date:
12/29/2016
Case Name: 
Environmental Research Center, Inc. v. Bio Nutrition, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16818887
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund
Defendant: 
Bio Nutrition, Inc. and Only Natural, Inc.
Injunctive Relief: 
Beginning on the Compliance Date, at any time that either of the Defendants qualify as a "person in the course of doing business" within the meaning of Proposition 65, including having more than nine employees as required by Health & Safety Code section 25249.11(b), such Defendant(s) shall be permanently enjoined from manufacturing for sale in the State of California, "Distributing into the State of California," or directly selling in the State of California, any Covered Product which exposes a person to a "Daily Lead Exposure Level" of more than 0.5 micrograms per day of lead, or "Daily Cadmium Exposure Level" of more than 4.10 micrograms per day of cadmium, when the maximum suggested dose is taken as directed on the Covered Products' label, unless it meets the warning requirements under Section 3.2.
*Non-Contingent Civil Penalty:
$ 45,598.00
Attorney(s) Fees and Costs:
$ 70,204.00
Payment in Lieu of Penalty:
$ 34,198.00  (Reimbursement of costs in the amount of $8,071 and reimbursement of attorneys' fees in the amount of $62,133. Of the Total Settlement Amount, $34,198.27 shall be distributed to ERC as an Additional Settlement Payment (“ASP”), pursuant to California Code of Regulations, title 11, 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 and/or cadmiumin 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 (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 (10-25%): 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 cadmiumin 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:
$ 150,000.00
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
Comments: 
Also includes AG Nos. 2016-01334, 2016-01334, 2016-01335 and 2016-01553
Judgment
AG Number:
2016-00271
Judgment PDF: 
PDF icon 2016-00271J3404.pdf
Judgment Date:
03/14/2017
Settlement reported to AG: 
Thu, 12/29/2016
Case Name: 
Environmental Research Center, Inc. vs. Bio Nutrition, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16818887
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund
Defendant: 
Bio Nutrition, Inc. and Only Natural, Inc.
Injunctive Relief: 
Beginning on the Compliance Date, at any time that either of the Defendants qualify as a "person in the course of doing business" within the meaning of Proposition 65, including having more than nine employees as required by Health & Safety Code section 25249.11 (b), such Defendant(s) shall be permanently enjoined from manufacturing for sale in the State of California, "Distributing into the State of California," or directly selling in the State of California, any Covered Product which exposes a person to a "Daily Lead Exposure Level" of more than 0.5 micrograms per day of lead, or "Daily Cadmium Exposure Level" of more than 4.10 micrograms per day of cadmium, when the maximum suggested dose is taken as direct on the Covered Products" label, unless it meets the warning requirements under Section 3.2.
*Non-Contingent Civil Penalty:
$ 45,598.00
Attorney(s) Fees and Costs:
$ 70,204.00
Payment in Lieu of Penalty:
$ 34,198.00  ($34,198.00 (Reimbursement of costs in the amount of $8,071 and reimbursement of attorneys' fees in the amount of $62,133. Of the Total Settlement Amount, $34,198.27 shall be distributed to ERC as an Additional Settlement Payment ("ASP"), pursuant to California Code of Regulations, title 11, section 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 and/or cadmium 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 (65-80%) obtain, 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 (10-25%); maintaining ERC's Voluntary Compliance Program by acquiring products form 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:
$ 150,000.00
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.