Judgment Date:
07/11/2017
Settlement reported to AG:
Case Name:
Environmental Research Center, Inc. vs. Mason Vitamins, Inc.
Court Name:
Alameda County Superior Court
Plaintiff:
Environmental Research Center, Inc.
Defendant:
Mason Vitamins, Inc., individually and doing business as Mason Natural, ITO EN (North America) Inc., individually and doing business as Mason Natural, Mason Distributors, Inc., individually and doing business as Mason Natural
Injunctive Relief:
Beginning on the Effective Date, Mason Natural 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 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:
$ 29,088.00
Attorney(s) Fees and Costs:
$ 36,596.00
Payment in Lieu of Penalty:
$ 21,816.00 (Reimbursement of attorneys' fees in the amount of $32,096.88 and reimbursement of costs in the amount of $4,498.81. $21,816.11 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 ASP funds will be utilized to facilitate the following activities: (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 thereunder, 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 products). )
Total Payments:
$ 87,500.00
Is Judgment Pursuant to Settlement?
Contact Organization:
Michael Freund & Associates
Address:
1919 Addison Street, Suite 105
City, State, Zip:
Berkeley , CA 94704
Phone Number:
(510) 540-1992
Fax Number:
(510) 540-5543
