Noticing Party:
Environmental Research Center, Inc.
Plaintiff Attorney:
Michael Freund & Associates
Alleged Violators:
Innovative Beverage Concepts, Inc.
60-Day Notice Document
Civil Complaint
Case Name:
Environmental Research Center v. Innovative Beverage Concept
Court Name:
Alameda County Superior Court - Hayward
Plaintiff:
Environmental Research Center, Inc.
Plaintiff Attorney:
Michael Freund & Associates
Defendant:
Innovative Beverage Concepts, Inc.
Relief Sought:
Warning
Civil Penalty
Injunctive and Declaratory Relief
Contact Organization:
Michael Freund & Associates
Address:
1919 Addison Street, Suite 105
Corrected Settlement
Settlement Date:
10/26/2023
Case Name:
Environmental Research Center v. Innovative Beverage Concept
Court Name:
Alameda County Superior Court - Hayward
Plaintiff:
Environmental Research Center, Inc.
Plaintiff Attorney:
Michael Freund & Associates
Defendant:
Innovative Beverage Concepts, Inc.
Injunctive Relief:
3.1 Beginning on the Effective Date, Innovative Beverage Concepts 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.
*Non-Contingent Civil Penalty:
$ 15,000.00
Attorney(s) Fees and Costs:
$ 80,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 95,000.00
Will settlement be submitted to court?
Contact Organization:
Michael Freund & Associates
Address:
1919 Addison Street, Suite 105
City, State, Zip:
Berkeley, CA 94704
Phone Number:
(510) 540-1992
Settlement
Settlement Date:
08/25/2023
Case Name:
Environmental Research Center v. Innovative Beverage Concept
Court Name:
Alameda County Superior Court - Hayward
Plaintiff:
Environmental Research Center, Inc.
Plaintiff Attorney:
Michael Freund & Associates
Defendant:
Innovative Beverage Concepts, Inc.
Injunctive Relief:
3.1 Beginning on the Effective Date, Innovative Beverage Concepts 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.
*Non-Contingent Civil Penalty:
$ 15,000.00
Attorney(s) Fees and Costs:
$ 80,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 95,000.00
Will settlement be submitted to court?
Contact Organization:
Michael Freund & Associates
Address:
1919 Addison Street, Suite 105
City, State, Zip:
Berkeley, CA 94704
Phone Number:
(510) 540-1992
Judgment
Judgment Date:
12/14/2023
Settlement reported to AG:
Case Name:
Environmental Research Center v. Innovative Beverage Concept
Court Name:
Alameda County Superior Court - Hayward
Plaintiff:
Environmental Research Center, Inc.
Plaintiff Attorney:
Michael Freund & Associates
Defendant:
Innovative Beverage Concepts, Inc.
Injunctive Relief:
3.1 Beginning on the Effective Date, Innovative Beverage Concepts 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.
*Non-Contingent Civil Penalty:
$ 15,000.00
Attorney(s) Fees and Costs:
$ 80,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 95,000.00
Is Judgment Pursuant to Settlement?
Contact Organization:
Michael Freund & Associates
Address:
1919 Addison Street, Suite 104
City, State, Zip:
Berkeley, CA 94704
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.
