60 Day Notice 2021-01797

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2021-01797
Notice PDF: 
PDF icon 2021-01797.pdf
Date Filed: 
07/22/2021
Noticing Party: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Environmental Research Center
Alleged Violators: 
Advanced Nutrition Inc, individually and dba Advanced Nutrition by Zahler
Chemicals: 
Lead and lead compounds
Source: 
Dietary supplement

60-Day Notice Document

Civil Complaint
AG Number:
2021-01797
Complaint PDF: 
PDF icon 2021-01797C7083.pdf
Date Filed:
12/09/2021
Case Name: 
Environmental Research Center, Inc. v. Advanced Nutrition
Court Name: 
Alameda County Superior Court
Court Docket Number: 
21CV003837
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Charles Poss
Defendant: 
Advanced Nutrition, Inc., individually and dba Advanced Nutrition by Zahler
Type of Claim: 
Failure to Warn
Injunctive and declaratory relief
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
Charles Poss
Contact Organization: 
Environmental Research Center, Inc.
Email Address:
charles.poss@erc501c3.org
Address: 
3111 Camino Del Rio North, 400
City, State, Zip:
San Diego, CA 92108
Phone Number:
(619) 500-3090
Comments: 
This Complaint includes Notice of Violation AG Case No. 2021-01973.
Settlement
AG Number:
2021-01797
Settlement PDF: 
PDF icon 2021-01797S0080.pdf
Settlement Date:
12/16/2021
Case Name: 
Environmental Research Center, Inc. v. Advanced Nutrition
Court Name: 
Alameda County Superior Court
Court Docket Number: 
21CV003837
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Charles Poss
Defendant: 
Advanced Nutrition, Inc., individually and dba Advanced Nutrition by Zahler
Injunctive Relief: 
3.1 Beginning on the Effective Date, Advanced Nutrition by Zahler 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 that exposes 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. This requirement shall not apply to Covered Products that are already in the stream of commerce as of the Effective Date, which Covered Products are expressly subject to the releases provided in Section 8. For purposes of this Consent Judgment, the term “in the stream of commerce” means that manufactured Covered Products are put into final packaging for consumer sale and (a) have been Distributed into the State of California or sold in the State of California by Advanced Nutrition by Zahler or (b) are no longer in the possession of or under the control of Advanced Nutrition by Zahler.
*Non-Contingent Civil Penalty:
$ 3,200.00
Attorney(s) Fees and Costs:
$ 16,800.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 20,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Charles Poss
Contact Organization: 
Environmental Research Center, Inc.
Email Address:
charles.poss@erc501c3.org
Address: 
3111 Camino Del Rio North, 400
City, State, Zip:
San Diego, CA 92108
Phone Number:
(619) 500-3090
Comments: 
This Stipulated Consent Judgment includes Notice of Violation AG Case No. 2021-01973.
Judgment
AG Number:
2021-01797
Judgment PDF: 
PDF icon 2021-01797J4789.pdf
Judgment Date:
05/10/2022
Settlement reported to AG: 
Thu, 12/16/2021
Case Name: 
Environmental Research Center, Inc. v. Advanced Nutrition
Court Name: 
Alameda County Superior Court
Court Docket Number: 
21CV003837
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Charles Poss
Defendant: 
Advanced Nutrition, Inc., individually and dba Advanced Nutrition by Zahler
Injunctive Relief: 
3.1 Beginning on the Effective Date, Advanced Nutrition by Zahler 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 that exposes 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. This requirement shall not apply to Covered Products that are already in the stream of commerce as of the Effective Date, which Covered Products are expressly subject to the releases provided in Section 8. For purposes of this Consent Judgment, the term “in the stream of commerce” means that manufactured Covered Products are put into final packaging for consumer sale and (a) have been Distributed into the State of California or sold in the State of California by Advanced Nutrition by Zahler or (b) are no longer in the possession of or under the control of Advanced Nutrition by Zahler.
*Non-Contingent Civil Penalty:
$ 3,200.00
Attorney(s) Fees and Costs:
$ 16,800.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 20,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Charles Poss
Contact Organization: 
Environmental Research Center, Inc.
Email Address:
kristen.obee@erc501c3.org
Address: 
3111 Camino Del Rio North, 400
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.