60 Day Notice 2017-00398

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2017-00398
Notice PDF: 
PDF icon 2017-00398.pdf
Date Filed: 
03/24/2017
Noticing Party: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Rebecca Davis
Alleged Violators: 
Bluebonnet Nutrition Corporation
Chemicals: 
Cadmium
Source: 
Dietary Supplements
NOTE: 
Please also cross reference notice 2015-01271.

60-Day Notice Document

Settlement
AG Number:
2017-00398
Settlement PDF: 
PDF icon 2017-00398S5816.pdf
Settlement Date:
03/31/2017
Case Name: 
Environmental Research Center, Inc. v. Bluebonnet Nutrition
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16829845
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Rebecca Davis
Richard Drury
Anne Barker
Defendant: 
Bluebonnet Nutrition Corporation
Injunctive Relief: 
This settlement is covered under AG Case No. 2015-01271. See 2015-01271 for Complaint, Stipulated Consent Judgment and Judgment will be filed under same Case No. onlyh. (Beginning on the Compliance Date, BLUEBONNET 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 Cadmium Exposure Level” of 4.1 micrograms per day of cadmium when the maximum suggested dose is taken as directed on the Covered Product’s label, or a “Daily Lead Exposure Level” of more than 0.5 micrograms per day of lead when the maximum suggested dose is taken as directed on the Covered Product’s label, after subtracting out the amount of lead deemed “naturally occurring” (for purpose of this Consent Judgment only) for each ingredient listed in Table 3.1 below that is present in the Covered Product, unless it meets the warning requirements under Section 3.2)
*Non-Contingent Civil Penalty:
$ 2,000.00
Attorney(s) Fees and Costs:
$ 73,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 75,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Rebecca Davis
Contact Organization: 
Lozeau Drury, LLP
Email Address:
toyer@lozeaudrury.com
Address: 
410 12th Street, #250
City, State, Zip:
Oakland, CA 94565
Phone Number:
(510) 846-4200
Comments: 
This NOV is covered under AG Case No. 2015-00398. I have uploaded that confirmation.

* 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.