60 Day Notice 2014-00490

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2014-00490
Notice PDF: 
PDF icon 2014-00490.pdf
Date Filed: 
05/23/2014
Noticing Party: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
William Wraith
Alleged Violators: 
Multivitamin Direct, individually and dba Raw Green Organics and RawJuvenate
Chemicals: 
Lead and lead compounds
Source: 
Dietary Supplements

60-Day Notice Document

Civil Complaint
AG Number:
2014-00490
Complaint PDF: 
PDF icon 2014-00490C3622.pdf
Date Filed:
02/20/2015
Case Name: 
Environmental Research Center v Multivitamin Direct, et al.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG5759461
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
William F. Wraith
Defendant: 
Multivitamin Direct, individually and doing business as Raw Green Organics and Raw Juvenate
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Injunctive Relief
Contact Name: 
William F. Wraith
Contact Organization: 
Wraith Law
Email Address:
bill@wraithlaw.com
Address: 
24422 Avenida de la Carlota, Suite 400
City, State, Zip:
Laguna Hills, CA 92653
Phone Number:
(949) 452-1234
Settlement
AG Number:
2014-00490
Settlement PDF: 
PDF icon 2014-00490S4409.pdf
Settlement Date:
10/12/2015
Case Name: 
Environmental Research Center v. Multivitamin Direct
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG15759461
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
William F. Wraith
Defendant: 
Multivitamin Direct, individually and dba Raw Green Organics and Raw Juvenate
Injunctive Relief: 
Multivitamin Direct 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 per day of lead when the maximum suggested dose is taken as directed on the Covered Product’s label, unless it meets the warning requirements. “Distributing into the State of California” is defined as to directly ship a Covered Product into California for sale in California or to sell a Covered Product to a distributor that Multivitamin Direct knows will sell the Covered Product in California. The “Daily Lead Exposure Level” is measured in micrograms, and shall be calculated using the following formula: micrograms of lead per gram of product, multiplied by grams of product per serving of the product (using the largest serving size appearing on the product label), multiplied by servings of the product per day (using the largest number of servings in a recommended dosage appearing on the product label), which equals micrograms of lead exposure per day. Testing protocol and warning protocol.
*Non-Contingent Civil Penalty:
$ 16,550.00
Attorney(s) Fees and Costs:
$ 24,960.00
Payment in Lieu of Penalty:
$ 12,490.00  (The first payment of $15,000.00 shall be due within 5 days of the Effective Date and shall be followed by twelve equal consecutive monthly payments of $3,250.00 due and owing on the same day of the month as the initial payment. Actual attorney's fees and costs total $24,959.94, of which $1,421.86 shall be distributed to ERC as reimbursement to ERC for reasonable costs incurred in bringing this action, $12,145.00 shall be distributed to William F. Wraith as reimbursement of ERC’s attorney’s fees, while $11,393.08 shall be distributed to ERC for its in-house legal fees. )
Total Payments:
$ 54,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
William F. Wraith
Contact Organization: 
Wraith Law
Email Address:
bill@wraithlaw.com
Address: 
24422 Avenida de la Carlota, Suite 400
City, State, Zip:
Laguna Hills, CA 92653
Phone Number:
(949) 452-1234
Judgment
AG Number:
2014-00490
Judgment PDF: 
PDF icon 2014-00490J2900.pdf
Judgment Date:
01/07/2016
Settlement reported to AG: 
Mon, 10/12/2015
Case Name: 
Environmental Research Center v. Multivitamin Direct
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG15759461
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
William F. Wraith
Defendant: 
Multivitamin Direct, individually and dba Raw Green Organics and Raw Juvenate
Injunctive Relief: 
Multivitamin Direct 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 per day of lead when the maximum suggested dose is taken as directed on the Covered Product’s label, unless it meets the warning requirements. “Distributing into the State of California” is defined as to directly ship a Covered Product into California for sale in California or to sell a Covered Product to a distributor that Multivitamin Direct knows will sell the Covered Product in California. The “Daily Lead Exposure Level” is measured in micrograms, and shall be calculated using the following formula: micrograms of lead per gram of product, multiplied by grams of product per serving of the product (using the largest serving size appearing on the product label), multiplied by servings of the product per day (using the largest number of servings in a recommended dosage appearing on the product label), which equals micrograms of lead exposure per day. Testing protocol and warning protocol.
*Non-Contingent Civil Penalty:
$ 16,550.00
Attorney(s) Fees and Costs:
$ 24,960.00
Payment in Lieu of Penalty:
$ 12,490.00  (The first payment of $15,000.00 shall be due within 5 days of the Effective Date and shall be followed by twelve equal consecutive monthly payments of $3,250.00 due and owing on the same day of the month as the initial payment. Actual attorney's fees and costs total $24,959.94, of which $1,421.86 shall be distributed to ERC as reimbursement to ERC for reasonable costs incurred in bringing this action, $12,145.00 shall be distributed to William F. Wraith as reimbursement of ERC’s attorney’s fees, while $11,393.08 shall be distributed to ERC for its in-house legal fees.)
Total Payments:
$ 54,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
William F. Wraith
Contact Organization: 
Wraith Law
Email Address:
wraithlaw@earthlink.net
Address: 
24422 Avenida de la Carlota, Suite 400
City, State, Zip:
Laguna Hills, CA 92653
Phone Number:
(949) 452-1234

* 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.