60 Day Notice 2015-00510

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2015-00510
Notice PDF: 
PDF icon 2015-00510.pdf
Date Filed: 
06/05/2015
Noticing Party: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Matthew C. Maclear
Alleged Violators: 
Diet Direct, Inc.
Chemicals: 
Lead and lead compounds
Source: 
Dietary Supplements

60-Day Notice Document

Civil Complaint
AG Number:
2015-00510
Complaint PDF: 
PDF icon 2015-00510C3947.pdf
Date Filed:
10/21/2015
Case Name: 
ERC v. Diet Direct, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG 15790424
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Matthew C. Maclear, ATA Law Group
Defendant: 
Diet Direct, Inc.
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
Matthew C. Maclear
Contact Organization: 
Aqua Terra Aeris (ATA) Law Group
Email Address:
mcm@atalawgroup.com
Address: 
7425 Fairnount Ave.
City, State, Zip:
El Cerrito, CA 94530
Phone Number:
415.568.5200
Settlement
AG Number:
2015-00510
Settlement PDF: 
PDF icon 2015-00510S5186.pdf
Settlement Date:
08/26/2016
Case Name: 
ERC v. Diet Direct
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG15790424
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Aqua Terra Aeris Law Group
Defendant: 
Diet Direct, Inc.
Injunctive Relief: 
Warning
*Non-Contingent Civil Penalty:
$ 56,394.00
Attorney(s) Fees and Costs:
$ 43,461.00
Payment in Lieu of Penalty:
$ 56,395.00  ((1) continued enforcement of Proposition 65, which includes work, analyzing, researching and testing consumer products that may contain Proposition 65 chemicals, focusing on the same or similar type of ingestible products that are the subject matter of the current action; (2) the continued monitoring of past consent judgments and settlements to ensure companies are in compliance with Proposition 65; and (3) giving a donation of $2,820.00 to the Center For Environmental Health to address reducing toxic chemical exposures in California.)
Total Payments:
$ 156,250.00
Will settlement be submitted to court?
Yes
Contact Name: 
Matthew Maclear
Contact Organization: 
Aqua Terra Aeris Law Group
Email Address:
mcm@atalawgroup.com
Address: 
7425 Fairmount Ave.
City, State, Zip:
El Cerrito, CA 94530
Phone Number:
415-568-5200
Judgment
AG Number:
2015-00510
Judgment PDF: 
PDF icon 2015-00510J3283.pdf
Judgment Date:
10/26/2016
Settlement reported to AG: 
Wed, 10/26/2016
Case Name: 
ERC v. Diet Direct
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG15790424
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Aqua Terra Aeris Law Group
Defendant: 
Diet Direct, Inc.
Injunctive Relief: 
Clear and reasonable warning required
*Non-Contingent Civil Penalty:
$ 56,394.00
Attorney(s) Fees and Costs:
$ 43,461.00
Payment in Lieu of Penalty:
$ 56,395.00  (for the day-to-day business activities such as (1) continued enforcement of Proposition 65, which includes work, analyzing, researching and testing consumer products that may contain Proposition 65 chemicals, focusing on the same or similar type of ingestible products that are the subject matter of the current action; (2) the continued monitoring of past consent judgments and settlements to ensure companies are in compliance with Proposition 65; and (3) giving a donation of $2,820.00 to the Center For Environmental Health to address reducing toxic chemical exposures in California.)
Total Payments:
$ 156,250.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Matthew Maclear
Contact Organization: 
Aqua Terra Aeris Law Group
Email Address:
mcm@atalawgroup.com
Address: 
7425 Fairmount Ave.
City, State, Zip:
El Cerrito, CA 94530
Phone Number:
415-568-5200

* 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.