60 Day Notice 2019-00934

AG Number: 
2019-00934
Notice PDF: 
Date Filed: 
05/13/2019
Noticing Party: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Aqua Terra Aeris Law Group
Alleged Violators: 
Cend International Limited Liability Company, individually and dba MyProtein
Cend International Limited, individually and dba MyProtein
Cend Limited, individually and dba MyProtein
THG International LLC, individually and dba MyProtein
THGPP LLC, individually and dba MyProtein
The Hut.com Limited, individually and dba MyProtein
The Hut IHC Limited, individually and dba MyProtein
The Hut Group Limited, individually and dba MyProtein
The Hut Management Company Limited, individually and dba MyProtein
Chemicals: 
Cadmium
Lead and lead compounds
Source: 
Dietary supplements

60-Day Notice Document

Civil Complaint
AG Number:
2019-00934
Complaint PDF: 
Date Filed:
09/03/2019
Case Name: 
Environmental Research Center v Cend International Limited
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG19033459
Plaintiff: 
Environmental Research Center
Plaintiff Attorney: 
Aqua Terra Aeris Law Group
Defendant: 
Cend International Limited Liability Company
Cend International Limited dba MyProtein
Cend Limited dba MyProtein
THG International LLC dba MyProtein
THGPP LLC dba MyProtein
The Hut.com Limited dba MyProtein
The Hut IHC Limited dba MyProtein
The Hut Group Limited dba MyProtein
The Hut Management Company Limited dba MyProtein
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
Anthony M. Barnes
Contact Organization: 
Aqua Terra Aeris Law Group
Email Address:
Address: 
490 43rd Street
City, State, Zip:
Oakland, CA 94609
Phone Number:
415-326-3173
Comments: 
This complaint also covers products from NOV II found under Notice 2019-01132.
Settlement
AG Number:
2019-00934
Settlement PDF: 
Settlement Date:
06/09/2020
Case Name: 
Environmental Research Center v Cend International Limited
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG19033459
Plaintiff: 
Environmental Research Center
Plaintiff Attorney: 
Aqua Terra Aeris Law Group
Defendant: 
Cend International Limited Liability Company
Cend International Limited dba MyProtein
Cend Limited dba MyProtein
THG International LLC dba MyProtein
THGPP LLC dba MyProtein
The Hut.com Limited dba MyProtein
The Hut IHC Limited dba MyProtein
The Hut Group Limited dba MyProtein
The Hut Management Company Limited dba MyProtein
Injunctive Relief: 
Warning
*Non-Contingent Civil Penalty:
$ 80,500.00
Attorney(s) Fees and Costs:
$ 57,171.00
Payment in Lieu of Penalty:
$ 60,329.00  ($60,329.18 shall be distributed to ERC as an Additional Settlement Payment (“ASP”), pursuant to California Code of Regulations, title 11, sections 3203, subdivision (d) and 3204. ERC will utilize the ASP for activities that address the same public harm as allegedly caused by defendants in this matter. These activities are detailed below and support ERC’s overarching goal of reducing and/or eliminating hazardous and toxic chemicals in dietary supplement products in California. ERC’s activities have had, and will continue to have, a direct and primary effect within the State of California because California consumers will be benefitted by the reduction and/or elimination of exposure to lead and/or cadmium in dietary supplements and/or by providing clear and reasonable warnings to California consumers prior to ingestion of the products. Based on a review of past years’ actual budgets, ERC is providing the following list of activities ERC engages in to protect California consumers through Proposition 65 citizen enforcement, along with a breakdown of how ASP funds will be utilized to facilitate those activities: (1) ENFORCEMENT (65-80%): obtaining, shipping, analyzing, and testing dietary supplement products that may contain lead and/or cadmium and are sold to California consumers. This work includes continued monitoring and enforcement of past consent judgments and settlements to ensure companies are in compliance with their obligations thereunder, with a specific focus on those judgments and settlements concerning lead and/or cadmium. This work also includes investigation of new companies that ERC does not obtain any recovery through settlement or judgment; (2) VOLUNTARY COMPLIANCE PROGRAM (10-20%): maintaining ERC’s Voluntary Compliance Program by acquiring products from companies, developing and maintaining a case file, testing products from these companies, providing the test results and supporting documentation to the companies, and offering guidance in warning or implementing a self-testing program for lead and/or cadmium in dietary supplement products; and (3) “GOT LEAD” PROGRAM (up to 5%): maintaining ERC’s “Got Lead?” Program which reduces the numbers of contaminated products that reach California consumers by providing access to free testing for lead in dietary supplement products (Products submitted to the program are screened for ingredients which are suspected to be contaminated, and then may be purchased by ERC, catalogued, sent to a qualified laboratory for testing, and the results shared with the consumer that submitted the product). ERC shall be fully accountable in that it will maintain adequate records to document and will be able to demonstrate how the ASP funds will be spent and can assure that the funds are being spent only for the proper, designated purposes described in this Consent Judgment. ERC shall provide the Attorney General, within thirty days of any request, copies of documentation demonstrating how such funds have been spent. )
Total Payments:
$ 198,000.00
Will settlement be submitted to court?
Will settlement be submitted to court?: 
Yes
Contact Name: 
Anthony M. Barnes
Contact Organization: 
Aqua Terra Aeris Law Group
Email Address:
amb@atalawgroup.com
Address: 
490 43rd Street
City, State, Zip:
Oakland, CA 94609
Phone Number:
415-326-3173
Comments: 
This settlement also cover products from NOV II found under Notice 2019-01132.
Judgment
AG Number:
2019-00934
Judgment PDF: 
Judgment Date:
09/08/2020
Settlement reported to AG: 
Tue, 06/09/2020
Case Name: 
Environmental Research Center v Cend International Limited
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG19033459
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
ATA Law Group
Defendant: 
Cend International Limited Liability Company
Cend Limited
THG International LLC
THGPP LLC
The Hut.com Limited
The Hut IHC Limited
The Hut Group Limited
The Hut Management Company Limited
Injunctive Relief: 
Warning
*Non-Contingent Civil Penalty:
$ 80,500.00
Attorney(s) Fees and Costs:
$ 57,171.00
Payment in Lieu of Penalty:
$ 60,329.00  ($60,329.18 shall be distributed to ERC as an Additional Settlement Payment ("ASP") pursuant to California Code of Regulations, title 11, sections 320 subdivision (d) and 3204. ERC will utilize the ASP for activities that address the same public harm as allegedly caused by defendants this matter. These activities are detailed below and support ERC overarching goal of reducing and/or eliminating hazardous and toxic chemicals in dietary supplement products in California. ERC activities have had, and will continue to have, a direct and primary effect within the State of California because California consumers will be benefited by the reduction and/or elimination of exposure lead and/or cadmium in dietary supplements and/or by providing clear and reasonable warnings to California consumers prior ingestion of the products. Based on a review of past years' actual budgets, ERC is providing the following list of activities ERC engages in to protect California consumers through Proposition 65 citizen enforcement, along with a breakdown of how ASP funds will be utilized to facilitate those activities: (1) ENFORCEMENT (65-80%): obtaining, shipping, analyzing, and testing dietary supplement products that may contain lead and/or cadmium and are sold to California consumers. This work includes continued monitoring and enforcement of past consent judgments a settlements to ensure companies are in compliance with the obligations thereunder, with a specific focus on those judgment and settlements concerning lead and/or cadmium. This work also includes investigation of new companies that ERC does not obtain any recovery through settlement or judgment; (2) VOLUNTARY COMPLIANCE PROGRAM (10-20%): maintaining ERC's Voluntary Compliance Program by acquiring products from companies developing and maintaining a case file, testing products from the companies, providing the test results and supporting documents to the companies, and offering guidance in warning or implement a self-testing program for lead and/or cadmium in diet, supplement products; and (3) "GOT LEAD" PROGRAM (up to 5%): maintaining ERC's "Got Lead?" Program which reduces the numbers of contaminated products that reach California consumers by providing access to free testing for lead in dietary supplement products (Products submitted to the program are screened ingredients which are suspected to be contaminated, and then may be purchased by ERC, cataloged, sent to a qualified laboratory for testing, and the results shared with the consumer that submitted product). ERC shall be fully accountable in that it will maintain adequate records to document and will be able to demonstrate how the ASP funds will be spent and can assure that the funds are being spent only for the proper, designated purposes described in the Consent Judgment. ERC shall provide the Attorney General, within thirty days of any request, copies of documentation demonstrating how such funds have been spent. )
Total Payments:
$ 198,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Anthony M. Barnes
Contact Organization: 
ATA Law Group
Email Address:
amb@atalawgroup.com
Address: 
4030 Martin Luther King Jr. Way
City, State, Zip:
Oakland, CA 94609
Phone Number:
(917) 371-8293
Fax Number:
(917) 371-8293


* 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.