Judgment Date:
06/08/2023
Settlement reported to AG:
Case Name:
Environmental Research Center v. Black Rifle Coffee Company
Court Name:
Alameda County Superior Court
Plaintiff:
Environmental Research Center, Inc.
Defendant:
Black Rifle Coffee Company LLC
BRC Inc.
BRCC Operating Company LLC
Injunctive Relief:
3.1 Beginning on the Effective Date, Black Rifle Coffee Company 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 and/or “Daily Cadmium Exposure Level”
of more than 4.1 micrograms of cadmium per day and/or “Daily Mercury Exposure
Level” of more than 0.3 micrograms of mercury per day unless it meets the warning
requirements under Section 3.2. The requirements of Sections 3.1 and 3.2 do not
apply to Covered Products that “enter the stream of commerce” prior to the Effective
Date. For purposes of this Consent Judgment, the term “enter the stream of
commerce” means that manufactured Covered Products have been put into final
packaging for consumer sale and are no longer in the possession of or under the
control of Black Rifle Coffee Company.
*Non-Contingent Civil Penalty:
$ 60,000.00
Attorney(s) Fees and Costs:
$ 47,109.00
Payment in Lieu of Penalty:
$ 42,891.00 (Amounts rounded. Actual amounts: Civil penalty $60,000.00, Atty Fees
& Costs: $47,108.85, ASP: $42,891.15) 4.4 $42,891.15 shall be distributed to ERC as
an Additional Settlement Payment (“ASP”), pursuant to California Code of
Regulations, title 11, sections 3203, subdivision (d) and 3204. ERC will utilize the ASP
for activities that address the same public harm as allegedly caused by Defendants in
this matter. These activities are detailed below and support ERC’s overarching goal of
reducing and/or eliminating hazardous and toxic chemicals in 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 and/or cadmium and/or mercury 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 (up to 65-80%): obtaining, shipping, analyzing, and testing dietary
supplement products that may contain lead and/or cadmium and/or mercury 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 judgmentsand settlements concerning lead and/or cadmium and/or mercury. This work also
includes investigation of new companies that ERC does not obtain any recovery
through settlement or judgment; (2) VOLUNTARY COMPLIANCE PROGRAM (up to
10-20%): maintaining ERC’s Voluntary Compliance Program by acquiring products
from companies, developing and maintaining a case file, testing products from thesecompanies, providing the test results and supporting documentation to the companies,
and offering guidance in warning or implementing a self-testing program for
leadand/or cadmium and/or mercury 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:
$ 150,000.00
Is Judgment Pursuant to Settlement?
Address:
1939 Harrison St, Ste 150
City, State, Zip:
Oakland, CA 94612
Phone Number:
(510) 836-4200
