Judgment Date:
09/12/2016
Settlement reported to AG:
Case Name:
As You Sow v. Starwest Botanicals, Inc.
Court Name:
Alameda County Superior Court
Defendant:
Starwest Botanicals, Inc.
Injunctive Relief:
No less than 30 days from the effective date of the consent judgment, Defendant shall include an instruction statement on the packaging for its organic kelp powder product ("Covered Product") stating: "INSTRUCTIONS: Daily serving size 1/8 teaspoon (500 milligrams). Do not exceed daily serving size. Do not use for more than 14 days without consulting a health practitioner." Defendant must prominently affix or print the instruction statement on the Covered Product's packaging, as illustrated in Exhibit A to the consent judgment. Defendant shall also include the instruction statement on its internet page for the Covered Product, as illustrated in Exhibits B and C. Defendant shall also include the instruction statement in its mail order catologue selling the Covered Product. Defendant shall test each batch of the Covered Product for lead. If any test results in a concentration of lead that is higher than .5 micrograms of lead per .5 grams or 1/8 teaspoon of the Covered Product, and Defendant elects to sell the product, Defendant shall replace the instruction statement with a warning statement on the packaging of the Covered Product stating: "WARNING: Ingesting this product will expose you to lead, a chemical known to the State of California to cause birth defects or other reproductive harm." In such circumstances, Defendant shall also replace the instruction statement with the warning statement on its internet page for the Covered Product and in its mail order catalog. Further, Defendant must send a letter to all internet retailers that Defendant is aware sell the Covered Product via the internet. The letter shall instruct the internet retailers to display the warning statement on their internet page for the Covered Product.
*Non-Contingent Civil Penalty:
$ 2,500.00
Attorney(s) Fees and Costs:
$ 25,000.00
Payment in Lieu of Penalty:
$ 2,500.00 (In lieu payments to be used by Plaintiff for grants to California 501(c)(3) non-profit organizations and by the Plaintiff's Environmental Enforcement Fund. These funds shall be used to reduce or remediate exposures to toxic chemicals and to increase consumer, worker, and community awareness of the health hazards posed by toxic chemicals in California. In deciding among grant proposals, Plaintiff's Board of Directors (“Board”) takes into consideration a number of important factors, including: (1) the nexus between the harm done in the underlying case(s) and the grant program work; (2) the potential for toxics reduction, prevention, remediation, or educational benefits to California citizens from the proposal; (3) the budget requirements of the proposed grantee and the alternate funding sources available to it for its project; and, (4) the Board’s assessment of the proposed grantee’s chances for success in its program work. Plaintiff shall ensure that all funds will be disbursed and used in accordance with this paragraph, as well as Plaintiff's mission statement, articles of incorporation, bylaws, and applicable state and federal laws and regulations. Plaintiff shall obtain and maintain adequate records to document that the funds are spent on the activities described in this paragraph, and shall provide to the Attorney General, within thirty days of any request, copies of all documentation demonstrating how such funds have been spent.)
Total Payments:
$ 30,000.00
Is Judgment Pursuant to Settlement?
City, State, Zip:
San Francisco, CA 94108
Phone Number:
(415) 421-7151
Fax Number:
(415) 362-8064
