60 Day Notice 2019-01527

AG Number: 
2019-01527
Notice PDF: 
Date Filed: 
08/13/2019
Noticing Party: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Environmental Research Center
Alleged Violators: 
Good Brands LLC, individually and dba Amazing Nutrition
Health Concepts LLC, individually and dba Amazing Nutrition
Chemicals: 
Lead and lead compounds
Source: 
Dietary supplements

60-Day Notice Document

Supplemental Complaint
AG Number:
2019-01527
Complaint PDF: 
Date Filed:
11/25/2019
Case Name: 
Environmental Research Center, Inc. v. Good Brands LLC
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG19040288
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Charles Poss
Defendant: 
Good Brands, LLC, individually and dba Amazing Nutrition
Health Concepts, LLC, individually and dba Amazing Nutrition
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
Charles Poss
Contact Organization: 
Environmental Research Center, Inc.
Email Address:
Address: 
3111 Camino Del Rio North, 400
City, State, Zip:
San Diego, CA 92108
Phone Number:
(619) 500-3090
Comments: 
This First Amended Complaint also includes AG Case Nos. 2019-01665; 2019-01699; and 2019-01767.
Civil Complaint
AG Number:
2019-01527
Complaint PDF: 
Date Filed:
10/23/2019
Case Name: 
Environmental Research Center, Inc. v. Good Brands LLC et a
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG19040288
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Charles Poss
Defendant: 
Good Brands, LLC, individually and dba Amazing Nutrition
Health Concepts, LLC, individually and dba Amazing Nutrition
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
Charles Poss
Contact Organization: 
Environmental Research Center, Inc.
Email Address:
Address: 
3111 Camino Del Rio North, 400
City, State, Zip:
San Diego, CA 92108
Phone Number:
(619) 500-3090
Settlement
AG Number:
2019-01527
Settlement PDF: 
Settlement Date:
08/24/2020
Case Name: 
Environmental Research Center, Inc. v. Good Brands LLC et a
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG19040288
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Environmental Research Center, Inc.
Defendant: 
Good Brands, LLC, individually and dba Amazing Nutrition
Health Concepts, LLC, individually and dba Amazing Nutrition
Injunctive Relief: 
3.1 Beginning on the Effective Date, Amazing Nutrition 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. However, any Covered Products that are manufactured prior to the Effective Date and no longer in possession or under the control of Amazing Nutrition as of the Effective Date, or that are shipped, sold, or Distributed into the State of California by Amazing Nutrition prior to the Effective Date, are not bound by the injunctive terms set forth in Section 3, and are instead permitted to be sold as is to California consumers and are expressly released by Section 8. For purposes of this Section, a Covered Product is not “under the control of Amazing Nutrition” if Amazing Nutrition cannot reasonably ensure that a third party will place a Warning on the product before it is shipped to a California consumer.
*Non-Contingent Civil Penalty:
$ 12,000.00
Attorney(s) Fees and Costs:
$ 48,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 60,000.00
Will settlement be submitted to court?
Will settlement be submitted to court?: 
Yes
Contact Name: 
Charles Poss
Contact Organization: 
Environmental Research Center, Inc.
Email Address:
charles.poss@erc501c3.org
Address: 
3111 Camino Del Rio North, 400
City, State, Zip:
San Diego, CA 92108
Phone Number:
(619) 500-3090
Comments: 
This Stipulated Consent Judgment includes Notices of Violation, AG Case Nos. 2019-01665, 2019-01699, 2019-01767 and 2020-00710.
Judgment
AG Number:
2019-01527
Judgment PDF: 
Judgment Date:
12/03/2020
Settlement reported to AG: 
Mon, 08/24/2020
Case Name: 
Environmental Research Center, Inc. v Good Brands LLC et al.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG19040288
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Charles Poss
Defendant: 
Good Brands, LLC, individually and dba Amazing Nutrition
Health Concepts, LLC, individually and dba Amazing Nutrition
Injunctive Relief: 
3.1 Beginning on the Effective Date, Amazing Nutrition 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. However, any Covered Products that are manufactured prior to the Effective Date and no longer in possession or under the control of Amazing Nutrition as of the Effective Date, or that are shipped, sold, or Distributed into the State of California by Amazing Nutrition prior to the Effective Date, are not bound by the injunctive terms set forth in Section 3, and are instead permitted to be sold as is to California consumers and are expressly released by Section 8. For purposes of this Section, a Covered Product is not “under the control of Amazing Nutrition” if Amazing Nutrition cannot reasonably ensure that a third party will place a Warning on the product before it is shipped to a California consumer.
*Non-Contingent Civil Penalty:
$ 12,000.00
Attorney(s) Fees and Costs:
$ 48,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 60,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Charles Poss
Contact Organization: 
Environmental Research Center, Inc.
Email Address:
charles.poss@erc501c3.org
Address: 
3111 Camino Del Rio North, 400
City, State, Zip:
San Diego, CA 92108
Phone Number:
(619) 500-3090


* 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.