60 Day Notice 2018-00464

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2018-00464
Notice PDF: 
PDF icon 2018-00464.pdf
Date Filed: 
03/27/2018
Noticing Party: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Anne Barker
Alleged Violators: 
Primal Nutrition, LLC
Primal Nutrition, Inc.
Chemicals: 
Lead and lead compounds
Source: 
Dietary supplements

60-Day Notice Document

Civil Complaint
AG Number:
2018-00464
Complaint PDF: 
PDF icon 2018-00464C5332.pdf
Date Filed:
06/07/2018
Case Name: 
Environmental Research Center Inc. v Primal Nutrition, et al
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG18907843
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Ryan Hoffman
Michael Freund
Defendant: 
Primal Nutrition, LLC
Primal Nutrition, Inc.
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
Ryan Hoffman
Contact Organization: 
Michael Freund & Associates
Email Address:
rhoffman@gmail.com
Address: 
1919 Addison Street, Suite 105
City, State, Zip:
Berkeley, CA 94704
Phone Number:
510-540-1992
Fax Number:
510-540-5543
Settlement
AG Number:
2018-00464
Settlement PDF: 
PDF icon 2018-00464S6688.pdf
Settlement Date:
05/22/2018
Case Name: 
Environmental Research Center Inc. v Primal Nutrition, et al
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG18907843
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Ryan Hoffman
Michael Freund
Defendant: 
Primal Nutrition, LLC
Primal Nutrition, Inc.
Injunctive Relief: 
Stipulated Consent Judgment 3.1: Beginning on the Effective Date (Date Notice of Entry of Judgment served,) Primal Nutrition 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 it meets the warning requirements under Section 3.2. Notwithstanding the foregoing, so long as Primal Nutrition can document the date of manufacture of a Covered Product, Covered Products manufactured prior to the Effective Date may be distributed or sold without a “Warning” (defined below) by any person after the Effective Date without violation of this Consent Judgment.
*Non-Contingent Civil Penalty:
$ 23,641.00
Attorney(s) Fees and Costs:
$ 21,128.00
Payment in Lieu of Penalty:
$ 17,731.00  (Amounts rounded: Actual amounts: Civil Penalty $23641.24; Attorney fees & costs: $21,127.85; Additional Settlement Payment: $17,730.91. Pursuant to California Code of Regulations, title 11, sections 3203, subdivision (d) and 3204, the ASP will be utilized by ERC for activities that address the same public harm as allegedly caused by Primal Nutrition 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 benefitted 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. Based on a review of past years’ actual budgets, ERC is providing 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:
$ 62,500.00
Will settlement be submitted to court?
Yes
Contact Name: 
Ryan Hoffman
Contact Organization: 
Michael Freund & Associates
Email Address:
rhoffman@gmail.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:
2018-00464
Judgment PDF: 
PDF icon 2018-00464J3945.pdf
Judgment Date:
09/04/2018
Settlement reported to AG: 
Tue, 05/22/2018
Case Name: 
Environmental Research Center Inc. vs. Primal Nutrition
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG18907843
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Ryan Hoffman
Michael Freund
Defendant: 
Primal Nutrition, LLC
Primal Nutrition, Inc.
Injunctive Relief: 
Stipulated Consent Judgment 3.1: Beginning on the Effective Date (Date Notice of Entry of Judgment served,) Primal Nutrition 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 it meets the warning requirements under Section 3.2. Notwithstanding the foregoing, so long as Primal Nutrition can document the date of manufacture of a Covered Product, Covered Products manufactured prior to the Effective Date may be distributed or sold without a “Warning” (defined below) by any person after the Effective Date without violation of this Consent Judgment.
*Non-Contingent Civil Penalty:
$ 23,641.00
Attorney(s) Fees and Costs:
$ 21,128.00
Payment in Lieu of Penalty:
$ 17,731.00  (Pursuant to California Code of Regulations, title 11, sections 3203, subdivision (d) and 3204, the ASP will be utilized by ERC for activities that address the same public harm as allegedly caused by Primal Nutrition 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 benefitted 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. Based on a review of past years’ actual budgets, ERC is providing 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:
$ 62,500.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Ryan Hoffman
Contact Organization: 
Michael Freund & Associates
Email Address:
rrhoffma@gmail.com
Address: 
1919 Addison Street, Suite 105
City, State, Zip:
Berkeley, CA 94118
Phone Number:
(510) 540-1992

* 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.