Noticing Party:
Environmental Research Center, Inc.
Plaintiff Attorney:
Environmental Research Center
Alleged Violators:
Aspire Food Group USA, Inc., individually and dba EXO
EXO, Inc.
Chemicals:
Cadmium
Lead and lead compounds
60-Day Notice Document
Supplemental Complaint
Case Name:
Environmental Research Center, Inc. v. Aspire Food Group
Court Name:
Alameda County Superior Court
Plaintiff:
Environmental Research Center, Inc.
Defendant:
Aspire Food Group, USA Inc., individually and dba Exo
Exo, Inc.
Contact Organization:
Environmental Research Center, Inc.
Address:
3111 Camino Del Rio North, 400
Civil Complaint
Case Name:
Environmental Research Center, Inc. v Aspire Food, et al.
Court Name:
Alameda County Superior Court
Plaintiff:
Environmental Research Center, Inc.
Defendant:
Aspire Food Group, USA Inc., individually and dba Exo
Exo, Inc.
Contact Organization:
Environmental Research Center, Inc.
Address:
3111 Camino Del Rio North, 400
Settlement
Settlement Date:
03/04/2021
Case Name:
Environmental Research Center, Inc. v. Aspire Food Group
Court Name:
Alameda County Superior Court
Plaintiff:
Environmental Research Center, Inc.
Plaintiff Attorney:
Environmental Research Center, Inc.
Defendant:
Aspire Food Group, USA Inc., individually and dba Exo
Exo, Inc.
Injunctive Relief:
3.1 Beginning on the Effective Date, EXO 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 that expose a person to a “Daily Lead Exposure Level” of more than 0.5 micrograms of lead per day and/or “Daily Cadmium Exposure Level” of more than 4.1 micrograms of cadmium per day unless it meets the warning requirements under Section 3.2.
*Non-Contingent Civil Penalty:
$ 6,000.00
Attorney(s) Fees and Costs:
$ 24,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 30,000.00
Will settlement be submitted to court?
Contact Organization:
Environmental Research Center, Inc.
Address:
3111 Camino Del Rio North, 400
City, State, Zip:
San Diego, CA 92108
Phone Number:
(619) 500-3090
Judgment
Judgment Date:
06/10/2021
Settlement reported to AG:
Case Name:
Environmental Research Center, Inc. v. Aspire Food Group USA
Court Name:
Alameda County Superior Court
Plaintiff:
Environmental Research Center, Inc.
Defendant:
Aspire Food Group USA, Inc., individually and dba Exo
Exo, Inc.
Injunctive Relief:
3.1 Beginning on the Effective Date, EXO 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 that expose a person to a “Daily Lead Exposure Level” of more than 0.5 micrograms of lead per day and/or “Daily Cadmium Exposure Level” of more than 4.1 micrograms of cadmium per day unless it meets the warning requirements under Section 3.2.
*Non-Contingent Civil Penalty:
$ 6,000.00
Attorney(s) Fees and Costs:
$ 24,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 30,000.00
Is Judgment Pursuant to Settlement?
Contact Organization:
Environmental Research Center, Inc.
Address:
3111 Camino Del Rio North
City, State, Zip:
San Diego, CA 92108
Phone Number:
(619) 500-3090
* 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.
