Settlement Date:
05/06/2025
Case Name:
Environmental Research Center, Inc. vs. D's Naturals, LLC
Court Name:
Alameda County Superior Court
Plaintiff:
Environmental Research Center, Inc.
Plaintiff Attorney:
Environmental Research Center
Defendant:
D's Naturals, LLC, individually and dba No Cow and No Cow LLC
Injunctive Relief:
Beginning on the Effective Date, No Cow 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:
$ 45,000.00
Attorney(s) Fees and Costs:
$ 226,780.00
Payment in Lieu of Penalty:
$ 28,220.00 (Amounts rounded: Actual amounts: $45,000 Civil Penalty, $226,779.50 attorney fees and costs, and $28,220.41 ASP$28,220.41 shall be distributed to ERC as an Additional Settlement Payment
(“ASP”), which shall be subject to the Court’s ongoing judicial oversight pursuant to
California Code of Regulations, title 11, section 3204. ERC will utilize the ASP for activities
that address the same public harm as allegedly caused by Defendant in this matter. These
activities are detailed below and support ERC’s overarching goal of reducing and/or
eliminating hazardous and toxic chemicals in dietary supplement 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 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 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. 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 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:
$ 300,000.00
Will settlement be submitted to court?
Contact Organization:
Environmental Research Center
Address:
3111 Camino Del Rio North, Ste 400
City, State, Zip:
San Diego, CA 92108
Phone Number:
(619) 500-3090
