60 Day Notice 2024-03752

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2024-03752
Notice PDF: 
PDF icon 2024-03752.pdf
Date Filed: 
09/06/2024
Noticing Party: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Environmental Research Center
Alleged Violators: 
TB12, Inc.
Chemicals: 
Cadmium
Lead and lead compounds
Source: 
Dietary supplements

60-Day Notice Document

Settlement
AG Number:
2024-03752
Settlement PDF: 
PDF icon 2024-03752S4545.pdf
Settlement Date:
12/09/2024
Case Name: 
Environmental Research Center, Inc. vs. TB12, Inc.
Court Name: 
Out of Court Settlement
Court Docket Number: 
N/A
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Environmental Research Center
Defendant: 
TB12, Inc.
Injunctive Relief: 
Beginning on the Effective Date, TB12 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 which exposes a person to a “Daily Lead Exposure Level” of more than 0.5 micrograms of lead per day and/or a “Daily Cadmium Exposure Level” of more than 4.1 micrograms per day unless it meets the warning requirements under Section 3.2. The injunctive requirements of Section 3 shall not apply to Covered Products that are already in the stream of commerce as of the Effective Date, which Covered Products are expressly subject to the releases provided in Section 6. For purposes of this Agreement, the term “in 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 TB12.
*Non-Contingent Civil Penalty:
$ 3,750.00
Attorney(s) Fees and Costs:
$ 21,250.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 25,000.00
Will settlement be submitted to court?
No
Contact Name: 
Charles Poss
Contact Organization: 
Environmental Research Center
Email Address:
myra.heptinstall@erc501c3.org
Address: 
3111 Camino Del Rio North, Suite 400
City, State, Zip:
San Diego, CA 92108
Phone Number:
(619) 500-3090

* 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.