Noticing Party:
Environmental Research Center, Inc.
Alleged Violators:
Second Wind Vitamins, Inc. dba Celebrate Vitamins
60-Day Notice Document
Civil Complaint
Case Name:
Environmental Research Center Inc. vs. Second Wind Vitamins
Court Name:
Alameda County Superior Court
Plaintiff:
Environmental Research Center, Inc.
Plaintiff Attorney:
Ryan Hoffman
Michael Freund
Defendant:
Second Wind Vitamins, Inc. dba Celebrate Vitamins
Relief Sought:
Warning
Civil Penalty
Declaratory Relief
Contact Organization:
Michael Freund & Associates
Address:
1919 Addison Street, Suite 105
Settlement
Settlement Date:
11/28/2018
Case Name:
Environmental Research Center Inc. vs. Second Wind Vitamins
Court Name:
Alameda County Superior Court
Plaintiff:
Environmental Research Center, Inc.
Plaintiff Attorney:
Ryan Hoffman
Michael Freund
Defendant:
Second Wind Vitamins dba Celebrate Vitamins
Injunctive Relief:
Beginning on the Effective Date, Celebrate Vitamins shall be permanently enjoined from manufacturing for sale in the State of California, distributing into the State of California, or directly selling in the State of California, any product covered by the Consent Judgment which expose a person to more than 0.5 micrograms of lead per day unless it meets the warning requirements under Section 3.2 of the Consent Judgment.
*Non-Contingent Civil Penalty:
$ 2,000.00
Attorney(s) Fees and Costs:
$ 35,500.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 37,500.00
Will settlement be submitted to court?
Contact Organization:
Michael Freund & Associates
Address:
1919 Addison Street, Suite 105
City, State, Zip:
Berkeley, CA 94118
Phone Number:
(510) 540-1992
Judgment
Judgment Date:
04/17/2018
Settlement reported to AG:
Case Name:
Environmental Research Center Inc. v. Second Wind Vitamins
Court Name:
Alameda County Superior Court
Plaintiff:
Environmental Research Center, Inc.
Plaintiff Attorney:
Michael Freund
Ryan Hoffman
Defendant:
Second Wind Vitamins Inc. dba Celebrate Vitamins
Injunctive Relief:
3.1 Beginning on the Effective Date, CELEBRATE shall be permanently enjoined from manufacturing for sale in the State of California, “Distributing into the State of California,” or directly selling in the State of California, any Covered Products which expose a person to a “Daily Lead Exposure Level” of more than 0.5 micrograms of lead per day unless it meets the warning requirements under Section 3.2.
*Non-Contingent Civil Penalty:
$ 2,000.00
Attorney(s) Fees and Costs:
$ 35,500.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 37,500.00
Is Judgment Pursuant to Settlement?
Contact Organization:
Michael Freund & Associates
Address:
1919 Addison Street, Suite 105
City, State, Zip:
Berkeley, CA 94704
Phone Number:
(510) 540-1992
* 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.
