60 Day Notice 2016-01187

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2016-01187
Notice PDF: 
PDF icon 2016-01187.pdf
Date Filed: 
10/14/2016
Noticing Party: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund
Alleged Violators: 
Natural Health Trends Corp.
Natural Health Trends Corp. dba NHT Global, Inc.
NHT Global, Inc.
Chemicals: 
Lead and lead compounds
Source: 
Dietary Supplements

60-Day Notice Document

Civil Complaint
AG Number:
2016-01187
Complaint PDF: 
PDF icon 2016-01187C4571.pdf
Date Filed:
02/07/2017
Case Name: 
Environmental Research Center, Inc. v. Natural Health et al.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG17848553
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund
Defendant: 
Natural Health Trends Corp. and NHT Global, 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
Corrected Settlement
AG Number:
2016-01187
Settlement PDF: 
PDF icon 2016-01187S5550.pdf
Settlement Date:
02/13/2017
Case Name: 
Environmental Research Center, Inc. V. Natural Health et al.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG17848553
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund
Defendant: 
Natural Health Trends Corp and NHT Global, Inc.
Injunctive Relief: 
Defendants shall be permanently enjoined from "Distributing into the State of California", or directly selling in the State of California, any Covered Products which exposes a person to a "Daily Lead Exposure Level" of more than 0.5 micrograms of lead per day unless it meets the warning requirements under Section 3.2.
*Non-Contingent Civil Penalty:
$ 35,702.00
Attorney(s) Fees and Costs:
$ 47,521.00
Payment in Lieu of Penalty:
$ 26,777.00  (Reimbursement of attorneys fees in the amount of $39,842.61 and reimbursement of reasonable costs in the amount of $7,678.28. In regard to the payment listed as "Payment in Lieu of Penalty," the actual amount of $26,776.73 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. The allocation of ASP funds is as follows: (1) ENFORCEMENT (65-80%): Obtaining, shipping, analyzing, and testing dietary supplement products that may contain lead 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, with a specific focus on those judgments and settlements concerning lead. This work also includes investigation of new companies that ERC does not obtain recovery through settlement or judgment; (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 warning or implementing a self-testing program for lead 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:
$ 110,000.00
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 covers AG No. 2016-01407.
Settlement
AG Number:
2016-01187
Settlement PDF: 
PDF icon 2016-01187S5538.pdf
Settlement Date:
02/07/2017
Case Name: 
Environmental Research Center, Inc. v. Natural Health et al.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG17848553
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund
Defendant: 
Natural Health Trends Corp. and NHT Global, Inc.
Injunctive Relief: 
NHT Global shall be permanently enjoined from "Distributing into the State of California", or directly selling in the State of California, any Covered Products which exposes a person to a "Daily Lead Exposure Level" of more than 0.5 micrograms of lead per day unless it meets the warning requirements under Section 3.2.
*Non-Contingent Civil Penalty:
$ 35,857.00
Attorney(s) Fees and Costs:
$ 47,251.00
Payment in Lieu of Penalty:
$ 26,893.00  (Reimbursement of attorney's fees in the amount of $38,652.03 and reimbursement of reasonable costs in the amount of $8,598.52. In regard to the payment listed as "Payment in Life of Penalty," the $26,892.59 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. The brake down of ASP funds is as follows: (1) ENFORCEMENT (65-80%): obtaining, shipping, analyzing, and testing dietary supplement products that may contain lead 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, with a specific focus on those judgments and settlements concerning lead. This work also includes investigation of new companies that ERC does not obtain any recovery through settlement or judgment; (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 warning or implementing a self-testing program for lead 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:
$ 110,001.00
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:
2016-01187
Judgment PDF: 
PDF icon 2016-01187J3457.pdf
Judgment Date:
04/24/2017
Settlement reported to AG: 
Mon, 02/13/2017
Case Name: 
Environmental Research Center vs. Natural Health Trends
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG17848553
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund
Defendant: 
Natural Health Trends Corp., NHT Global, Inc.
Injunctive Relief: 
Defendants shall be permanently enjoined from "Distributing into the State of California", or directly selling in the State of California, any Covered Products which exposes a person to a "Daily Lead Exposure Level" of more than 0.5 micrograms of lead per day unless it meets the warning requirements under Section 3.2.
*Non-Contingent Civil Penalty:
$ 35,702.00
Attorney(s) Fees and Costs:
$ 47,521.00
Payment in Lieu of Penalty:
$ 26,777.00  (Reimbursement of attorneys fees in the amount of $39,842.61 and reimbursement of reasonable costs in the amount of $7,678.28. In regard to the payment listed as "Payment in Lieu of Penalty," the actual amount of $26,776.73 shall be distributed to ERC as an Additional Settlement Payment ("ASP"), as follows: (1) ENFORCEMENT (65-80%): Obtaining, shipping, analyzing, and testing dietary supplement products that may contain lead 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, with a specific focus on those judgments and settlements concerning lead. This work also includes investigation of new companies that ERC does not obtain recovery through settlement tor judgment; (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 warning or implementing a self-testing program for lead 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:
$ 110,000.00
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.