60 Day Notice 2015-00852

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2015-00852
Notice PDF: 
PDF icon 2015-00852.pdf
Date Filed: 
08/28/2015
Noticing Party: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Matthew Maclear
Alleged Violators: 
Vitacost.com, Inc.
Chemicals: 
Lead and lead compounds
Source: 
Dietary Supplements

60-Day Notice Document

Civil Complaint
AG Number:
2015-00852
Complaint PDF: 
PDF icon 2015-00852C4099.pdf
Date Filed:
02/03/2016
Case Name: 
ERC v. 6S, Inc. dba All Star Health and Vitacost.com, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG 16802586
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Matthew C. Maclear, ATA Law Group
Defendant: 
Vitacost.com
6S, Inc. dba All Star Health
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 Fairmount Ave
City, State, Zip:
El Cerrito, CA 94530
Phone Number:
(415) 568-5200
Settlement
AG Number:
2015-00852
Settlement PDF: 
PDF icon 2015-00852S5149.pdf
Settlement Date:
08/08/2016
Case Name: 
Environmental Research Center, Inc v. 6S, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16802586
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Matthew C. Maclear
Defendant: 
6S Inc., DBA All Star Health
Vitacost.com, Inc.
Injunctive Relief: 
Vitacost will voluntarily discontinue to offer the products for sale in California. If they choose to reintroduce the products in California Vitacost shall be Permanently enjoined from distributing to or selling the products with a daily lead exposure over .5 micrograms per day, unless a clear and reasonable warning appears on the checkout webpage prior to sale for any delivery address in California.
*Non-Contingent Civil Penalty:
$ 1,092.00
Attorney(s) Fees and Costs:
$ 17,125.00
Payment in Lieu of Penalty:
$ 1,092.00  (The payment in Lieu of Penalty shall be distributed to ERC for further product testing, continued enforcement of Prop 65; continued monitoring of past Consent Judgments and settlements to ensue compliance with Prop 65; and to As You So to address toxic chemical exposure. )
Total Payments:
$ 19,309.00
Will settlement be submitted to court?
Yes
Contact Name: 
Matthew Maclear
Contact Organization: 
ATA Law Group
Email Address:
mcm@atalawgroup.com
Address: 
7425 Fairmount Ave.
City, State, Zip:
El Cerrito , CA 94530
Phone Number:
415-486-5200
Judgment
AG Number:
2015-00852
Judgment PDF: 
PDF icon 2015-00852J3240.pdf
Judgment Date:
09/27/2016
Settlement reported to AG: 
Mon, 08/08/2016
Case Name: 
ERC v. 6S, Inc. dba All Star Health
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16802586
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Aqua Terra Aeris Law Group
Defendant: 
Vitacost.com
Injunctive Relief: 
Vitacost will voluntarily discontinue to offer the products for sale in California. If they choose to reintroduce the products in California Vitacost shall be Permanently enjoined from distributing to or selling the products with a daily lead exposure over .5 micrograms per day, unless a clear and reasonable warning appears on the checkout webpage prior to sale for any delivery address in California.
*Non-Contingent Civil Penalty:
$ 1,092.00
Attorney(s) Fees and Costs:
$ 18,315.00
Payment in Lieu of Penalty:
$ 1,093.00  (The payment in Lieu of Penalty shall be distributed to ERC for further product testing, continued enforcement of Prop 65; continued monitoring of past Consent Judgments and settlements to ensure compliance with Prop 65; and to As You Sow to address toxic chemical exposure. )
Total Payments:
$ 20,500.00
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.