60 Day Notice 2019-02404

AG Number: 
2019-02404
Notice PDF: 
Date Filed: 
12/23/2019
Noticing Party: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Environmental Research Center
Alleged Violators: 
Kuli Kuli, Inc.
Chemicals: 
Cadmium
Lead and lead compounds
Source: 
Dietary supplements

60-Day Notice Document

Civil Complaint
AG Number:
2019-02404
Complaint PDF: 
Date Filed:
05/22/2020
Case Name: 
Environmental Research Center Inc v Kuli Kuli Inc.
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
RG20061986
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Charles Poss
Defendant: 
Kuli Kuli, Inc.
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, Suite 400
City, State, Zip:
San Diego, CA 92108
Phone Number:
(619) 500-3090
Settlement
AG Number:
2019-02404
Settlement PDF: 
Settlement Date:
06/03/2020
Case Name: 
Environmental Research Center Inc v Kuli Kuli Inc.
Court Name: 
Alameda County Superior Court - Hayward
Court Docket Number: 
RG20061986
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Charles Poss
Defendant: 
Kuli Kuli, Inc.
Injunctive Relief: 
3.1 Beginning on the Effective Date and continuing thereafter, Kuli Kuli 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 manufactured after July 1, 2020 which expose a person to a “Daily Cadmium Exposure Level” (as defined below) of more than 4.1 micrograms of cadmium per day unless they meet the warning requirements under Section 3.2.
*Non-Contingent Civil Penalty:
$ 4,525.00
Attorney(s) Fees and Costs:
$ 7,107.00
Payment in Lieu of Penalty:
$ 3,368.00  (Amounts rounded. Actual amounts: Civ. Pen. $4,525.00, Atty Fees & Costs: $7,107.46, ASP: $3,367.54. 4.4 $3,367.54 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 Defendant 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 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:
$ 15,000.00
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, Suite 400
City, State, Zip:
San Diego, CA 92108
Phone Number:
(619) 500-3090
Judgment
AG Number:
2019-02404
Judgment PDF: 
Judgment Date:
09/03/2020
Settlement reported to AG: 
Wed, 06/03/2020
Case Name: 
Environmental Research Center, Inc. v. Kuli Kuli, Inc.
Court Name: 
Alameda County Superior Court - Hayward
Court Docket Number: 
RG20061986
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Charles Poss
Defendant: 
Kuli Kuli, Inc.
Injunctive Relief: 
3.1 Beginning on the Effective Date and continuing thereafter, Kuli Kuli 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 manufactured after July 1, 2020 which expose a person to a “Daily Cadmium Exposure Level” (as defined below) of more than 4.1 micrograms of cadmium per day unless they meet the warning requirements under Section 3.2.
*Non-Contingent Civil Penalty:
$ 4,525.00
Attorney(s) Fees and Costs:
$ 7,107.00
Payment in Lieu of Penalty:
$ 3,368.00  ($ 3,368.00 (Amounts rounded. Actual amounts: Civ. Pen. $4,525.00, Atty Fees & Costs: $7,107.46, ASP: $3,367.54. 4.4 $3,367.54 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 Defendant 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 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:
$ 15,000.00
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.