Noticing Party:
Environmental Research Center, Inc.
Plaintiff Attorney:
Aqua Terra Aeris Law Group
Alleged Violators:
Non Acidic Beverages, LLC, individually and dba NOOMA
Chemicals:
Mercury and mercury compounds
60-Day Notice Document
Civil Complaint
Case Name:
Environmental Research Center v. Non Acidic Beverages, LLC
Court Name:
Alameda County Superior Court
Plaintiff:
Environmental Research Center, Inc.
Plaintiff Attorney:
Aqua Terra Aeris Law Group
Defendant:
Non Acidic Beverages, LLC, individually and dba NOOMA
Relief Sought:
Warning
Civil Penalty
Injunctive and Declaratory Relief
Contact Organization:
Aqua Terra Aeris Law Group
Address:
4030 Martin Luther King Jr. Way
Settlement
Settlement Date:
05/12/2023
Case Name:
Environmental Research Center v. Non Acidic Beverages, LLC
Court Name:
Alameda County Superior Court
Plaintiff:
Environmental Research Center, Inc.
Plaintiff Attorney:
Aqua Terra Aeris Law Group
Defendant:
Non Acidic Beverages, LLC, individually and dba NOOMA
Injunctive Relief:
3.1 Beginning on the Effective Date, NOOMA 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 a “Daily Mercury Exposure Level” of more than 0.3 micrograms of mercury per day unless it meets the warning requirements under Section 3.2.
*Non-Contingent Civil Penalty:
$ 4,000.00
Attorney(s) Fees and Costs:
$ 36,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 40,000.00
Will settlement be submitted to court?
Contact Organization:
Aqua Terra Aeris Law Group
Address:
4030 Martin Luther King Jr. Way
City, State, Zip:
Oakland, CA 94609
Phone Number:
(415) 568-5200
Judgment
Judgment Date:
07/27/2023
Settlement reported to AG:
Case Name:
Environmental Research Center v. Non Acidic Beverages, LLC
Court Name:
Alameda County Superior Court
Plaintiff:
Environmental Research Center, Inc.
Plaintiff Attorney:
Aqua Terra Aeris Law Group
Defendant:
Non Acidic Beverages, LLC, individually and dba NOOMA
Injunctive Relief:
3.1 Beginning on the Effective Date, NOOMA 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 a “Daily Mercury Exposure Level” of more than 0.3 micrograms
of mercury per day unless it meets the warning requirements under Section 3.2.
*Non-Contingent Civil Penalty:
$ 4,000.00
Attorney(s) Fees and Costs:
$ 36,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 40,000.00
Is Judgment Pursuant to Settlement?
Contact Organization:
Aqua Terra Aeris Law Group
Address:
4030 Martin Luther King Jr. Way
City, State, Zip:
Oakland, CA 94609
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.
