60 Day Notice 2016-01554

AG Number: 
2016-01554
Notice PDF: 
Date Filed: 
12/22/2016
Noticing Party: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Richard Drury
Alleged Violators: 
Growing Naturals, LLC
Axiom Foods,Inc.
Chemicals: 
Cadmium
Lead and lead compounds
Source: 
Dietary Supplements
NOTE: 
This notice has been withdrawn as to Axiom Foods, Inc. by the issuer in a letter to the Office of the Attorney General dated January 26, 2018.

60-Day Notice Document

Settlement
AG Number:
2016-01554
Settlement PDF: 
Settlement Date:
11/16/2017
Case Name: 
Environmental Research Center, Inc. v. Growing Naturals, LLC
Court Name: 
Out of Court Settlement
Court Docket Number: 
None
Plaintiff: 
Environmental Research Center, Inc.
Defendant: 
Growing Naturals, LLC
Axiom Foods, Inc.
Injunctive Relief: 
Beginning on the Compliance Date, Defendant shall be permanently enjoined from selling or distributing Covered Products in the State of California, “Distributing into the State of California”, or directly selling in the State of California, any Covered Products unless it meets the warning requirements under Section 2.2.
*Non-Contingent Civil Penalty:
$ 5,000.00
Attorney(s) Fees and Costs:
$ 45,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 50,000.00
Will settlement be submitted to court?
No
Contact Name: 
Douglas Chermak
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
Comments: 
This is an Out of Court Settlement


* 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.