60 Day Notice 2016-00016

AG Number: 
2016-00016
Notice PDF: 
Date Filed: 
01/13/2016
Noticing Party: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Richard Drury
Alleged Violators: 
Natural Factors Nutritional Products Ltd.
Natural Factors Inc.
InovoBiologic Inc.
Natural Factors Nutritional Products Inc.
Chemicals: 
Lead and lead compounds
Source: 
Dietary Supplements

60-Day Notice Document

Civil Complaint
AG Number:
2016-00016
Complaint PDF: 
Date Filed:
09/30/2016
Case Name: 
Environmental Research Center, Inc. v. Natural Factors Nutri
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16833396
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Richard T. Drury
Defendant: 
Natural Factors Nutritional Products LTD
Type of Claim: 
Failure to Warn
Relief Sought: 
Civil Penalty
Contact Name: 
Toyer Grear
Contact Organization: 
Lozeau Drury LLP
Email Address:
Address: 
410 12th Street # 250
City, State, Zip:
Oakland, CA 94607
Phone Number:
510-836-4200
Fax Number:
510-836-4205
Settlement
AG Number:
2016-00016
Settlement PDF: 
Settlement Date:
09/29/2016
Case Name: 
Environmental Research Center, Inc. v. Natural Factors Nutri
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16833396
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Richard T. Drury
Defendant: 
Natural Factors Nutritional Products LTD
Injunctive Relief: 
Warning Reformulation
*Non-Contingent Civil Penalty:
$ 52,642.00
Attorney(s) Fees and Costs:
$ 44,716.00
Payment in Lieu of Penalty:
$ 52,642.00  (Payment in lieu of civil penalties is 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, 632.10 to the Center for Environmental Health to address reducing toxic chemical exposures in California. )
Total Payments:
$ 150,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Toyer
Contact Organization: 
Lozeau Drury LLP
Email Address:
toyer@lozeaudrury.com
Address: 
410 12th Street # 250
City, State, Zip:
Oakland, CA 94607
Phone Number:
510-836-4200
Fax Number:
510-836-4205
Judgment
AG Number:
2016-00016
Judgment PDF: 
Judgment Date:
12/16/2016
Settlement reported to AG: 
Thu, 09/29/2016
Case Name: 
Environmental Research Center v. Natural Factors
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16833396
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Rebecca Davis, Lozeau Drury LLP
Defendant: 
Natural Factors Nutritional Products, Inc.
Injunctive Relief: 
Warning and reformulation
*Non-Contingent Civil Penalty:
$ 52,642.00
Attorney(s) Fees and Costs:
$ 44,716.00
Payment in Lieu of Penalty:
$ 52,642.00  ((Payment in lieu of civil penalties is 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, 632.10 to the Center for Environmental Health to address reducing toxic chemical exposures in California. ))
Total Payments:
$ 150,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Rebecca Davis
Contact Organization: 
Lozeau Drury LLP
Email Address:
richard@lozeaudrury.com
Address: 
410 12th Street, Suite 250
City, State, Zip:
Oakland, CA 94607
Phone Number:
510-836-4200
Fax Number:
510-836-4205


* 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.