60 Day Notice 2016-00015

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2016-00015
Notice PDF: 
PDF icon 2016-00015.pdf
Date Filed: 
01/13/2016
Noticing Party: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Christina M. Caro
Alleged Violators: 
BPI Sports, LLC dba Cutler Nutrition
Bodybuilding.com, LLC dba Bodybuilding.com
Chemicals: 
Lead and lead compounds
Source: 
Dietary Supplements

60-Day Notice Document

Civil Complaint
AG Number:
2016-00015
Complaint PDF: 
PDF icon 2016-00015C4398.pdf
Date Filed:
09/12/2016
Case Name: 
Environmental Research Center, Inc. v. BPI Sports, LLC
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16830792
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Tanya A. Gulesserian
Christina M. Caro
Defendant: 
BPI Sports, LLC dba Cutler Nutrition
Type of Claim: 
Failure to Warn
Preliminary/Permanent Injunction; Attorneys' Fees
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
Christina M. Caro
Contact Organization: 
Adams Broadwell Joseph & Cardozo
Email Address:
ccaro@adamsbroadwell.com
Address: 
601 Gateway Boulevard, Suite 1000
City, State, Zip:
South San Francisco, CA 94080
Phone Number:
650-589-1660
Fax Number:
650-589-5062
Settlement
AG Number:
2016-00015
Settlement PDF: 
PDF icon 2016-00015S5250.pdf
Settlement Date:
09/20/2016
Case Name: 
Environmental Research Center, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16830792
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Tanya A. Gulesserian
Christina M. Caro
Defendant: 
BPI Sports, LLC dba Cutler Nutrition
Injunctive Relief: 
Product Discontinuation
*Non-Contingent Civil Penalty:
$ 19,500.00
Attorney(s) Fees and Costs:
$ 33,378.00
Payment in Lieu of Penalty:
$ 19,122.00  (In full satisfaction of all potential civil penalties, payment in lieu of civil penalties, attorney’s fees, and costs, Defendant shall make a total payment of $72,000.00 (“Total Settlement Amount”) in settlement payments to ERC on the following schedule: An initial payment of Eighteen Thousand Dollars ($18,000) shall be made to ERC fourteen (14) days after the Effective Date (the Initial Payment), followed by three (3) payments in the amount of Eighteen Thousand Dollars ($18,000) each payable no later than thirty (30), sixty (60) and ninety (90) days after the Initial Payment. Defendant shall make these payments by wire transfer to ERC’s escrow account, for which ERC will give Defendant the necessary account information. The Total Settlement Amount shall be apportioned as follows: $19,500.00 shall be considered a civil penalty pursuant to California Health and Safety Code §25249.7(b)(1). ERC shall remit 75% ($14,625.00) of the civil penalty to the Office of Environmental Health Hazard Assessment (“OEHHA”) for deposit in the Safe Drinking Water and Toxic Enforcement Fund in accordance with California Health and Safety Code §25249.12(c). ERC will retain the remaining 25% ($4,875.00) of the civil penalty. $1,002.94 shall be distributed to ERC as reimbursement to ERC for reasonable costs incurred in bringing this action. $19,122.36 shall be distributed to ERC in lieu of further civil penalties, 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 $950.00 to the As You Sow to address reducing toxic chemical exposures in California. $17,610.50 shall be distributed to Adams Broadwell Joseph & Cardozo as reimbursement of ERC’s attorney’s fees, while $14,764.20 shall be distributed to ERC for its in-house legal fees.)
Total Payments:
$ 72,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Christina M. Caro
Contact Organization: 
Adams Broadwell Joseph & Cardozo
Email Address:
ccaro@adamsbroadwell.com
Address: 
601 Gateway Boulevard, Suite 1000
City, State, Zip:
South San Francisco, CA 94080
Phone Number:
650-589-1660
Fax Number:
650-589-5062
Judgment
AG Number:
2016-00015
Judgment PDF: 
PDF icon 2016-00015J3306.pdf
Judgment Date:
11/29/2016
Settlement reported to AG: 
Tue, 09/20/2016
Case Name: 
Envt'l Research Ctr., Inc. v. BPI Sports LLC
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16830792
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Tanya A. Gulesserian
Christina M. Caro
Defendant: 
BPI Sports, LLC dba Cutler Nutrition
Injunctive Relief: 
Product Discontinuation
*Non-Contingent Civil Penalty:
$ 19,500.00
Attorney(s) Fees and Costs:
$ 33,378.00
Payment in Lieu of Penalty:
$ 19,122.00  (In full satisfaction of all potential civil penalties, payment in lieu of civil penalties, attorney’s fees, and costs, Defendant shall make a total payment of $72,000.00 (“Total Settlement Amount”) in settlement payments to ERC on the following schedule: An initial payment of Eighteen Thousand Dollars ($18,000) shall be made to ERC fourteen (14) days after the Effective Date (the Initial Payment), followed by three (3) payments in the amount of Eighteen Thousand Dollars ($18,000) each payable no later than thirty (30), sixty (60) and ninety (90) days after the Initial Payment. Defendant shall make these payments by wire transfer to ERC’s escrow account, for which ERC will give Defendant the necessary account information. The Total Settlement Amount shall be apportioned as follows: $19,500.00 shall be considered a civil penalty pursuant to California Health and Safety Code §25249.7(b)(1). ERC shall remit 75% ($14,625.00) of the civil penalty to the Office of Environmental Health Hazard Assessment (“OEHHA”) for deposit in the Safe Drinking Water and Toxic Enforcement Fund in accordance with California Health and Safety Code §25249.12(c). ERC will retain the remaining 25% ($4,875.00) of the civil penalty. $1,002.94 shall be distributed to ERC as reimbursement to ERC for reasonable costs incurred in bringing this action. $19,122.36 shall be distributed to ERC in lieu of further civil penalties, 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 $950.00 to the As You Sow to address reducing toxic chemical exposures in California. $17,610.50 shall be distributed to Adams Broadwell Joseph & Cardozo as reimbursement of ERC’s attorney’s fees, while $14,764.20 shall be distributed to ERC for its in-house legal fees. )
Total Payments:
$ 72,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Christina M. Caro
Contact Organization: 
Adams Broadwell Joseph & Cardozo
Email Address:
ccaro@adamsbroadwell.com
Address: 
601 Gateway Boulevard, Suite 1000
City, State, Zip:
South San Francisco, CA 94080
Phone Number:
(650) 589-1660
Fax Number:
(650) 589-5062

* 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.