Judgment Date:
05/17/2024
Settlement reported to AG:
Case Name:
Environmental Research Center vs. Materne North America
Court Name:
Alameda County Superior Court - Hayward
Plaintiff:
Environmental Research Center, Inc.
Plaintiff Attorney:
Michael Freund & Associates
Defendant:
Materne North America, Corp., individually and dba GoGo squeeZ
Injunctive Relief:
Beginning on the Effective Date, Materne North America 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:
$ 80,000.00
Attorney(s) Fees and Costs:
$ 80,000.00
Payment in Lieu of Penalty:
$ 57,875.00 (4.4 $57,875.00 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 Materne North America in this matter. These
activities are detailed below and support ERC’s overarching goal of reducing and/or
eliminating hazardous and toxic chemicals in consumer 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 mercury in consumer products 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 products that may contain lead 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 judgments
and settlements concerning lead 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 these companies,
providing the test results and supporting documentation to the companies, and
offering guidance in warning or implementing a self-testing program for lead 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 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
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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:
$ 217,875.00
Is Judgment Pursuant to Settlement?
Contact Organization:
Michael Freund & Associates
Address:
1919 Addison Street, Suite 104
City, State, Zip:
Berkeley, CA 94704
Phone Number:
(619) 500-3090
