60 Day Notice 2017-01549

AG Number: 
2017-01549
Notice PDF: 
Date Filed:
06/15/2017
Noticing Party: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Matthew M. Maclear
Alleged Violators: 
Xyngular Corporation
Chemicals: 
Lead and lead compounds
Source: 
Dietary Supplements

60-Day Notice Document

Civil Complaint
AG Number:
2017-01549
Complaint PDF: 
Date Filed:
09/08/2017
Case Name: 
Environmental Research Center, Inc. v. Xyngular Corporation
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG17874563
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Matthew Maclear
Defendant: 
Xyngular Corporation
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Injunctive Relief
Contact Name: 
Matthew Maclear
Contact Organization: 
ATA Law Group
Email Address:
Address: 
828 San Pablo Ave, 115B
City, State, Zip:
Albany, CA 94706
Phone Number:
(415) 568-5200
Settlement
AG Number:
2017-01549
Settlement PDF: 
Settlement Date:
09/27/2017
Case Name: 
Environmental Research Center vs. Xyngular
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG 17874563
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Matthew Maclear
Defendant: 
Xyngular Corporation
Injunctive Relief: 
Xyngular 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 expose a person to a "Daily Lead Exposure Level" of more than 0 .5 micrograms of lead per day unless warnings are provided. WARNING: Consuming this product can expose you to chemicals including lead which is [are] known to the State of California to cause [cancer and] birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov/food. Xyngular shall use the phrase "cancer and" in the Warning only if the "Daily Lead Exposure Level" is greater than 15 micrograms of lead.
*Non-Contingent Civil Penalty:
$ 35,523.00
Attorney(s) Fees and Costs:
$ 27,835.00
Payment in Lieu of Penalty:
$ 26,642.00  (ERC will utilize the ASP for activities that address the same public harm as allegedly caused by Xyngular 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 benefited by the reduction and/or elimination of exposure to lead in dietary supplements and/or by providing clear and reasonable warnings to California consumers prior to ingestion of the products. ERC provides 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 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 product). ERC shall be fully accountable in that it will maintain adequate records to document and will be able to demonstrate how the ASP funds will be spent and can assure that the funds are being spent only for the proper, designated purposes described in this Consent Judgment. ERC shall provide the Attorney General, within thirty days of any request, copies of documentation demonstrating how such funds have been spent.)
Total Payments:
$ 90,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Matthew Maclear
Contact Organization: 
ATA Law Group
Email Address:
mcm@atalawgroup.com
Address: 
828 San Pablo Avenue, Ste .115B
City, State, Zip:
Albany , CA 94706
Phone Number:
415-568-5200


* 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.