60 Day Notice 2020-00443

AG Number: 
2020-00443
Notice PDF: 
Date Filed: 
02/21/2020
Noticing Party: 
EnviroProtect, LLC
Plaintiff Attorney: 
Kawahito Law Group APC
Alleged Violators: 
Nutritional Medicinals, LLC
Chemicals: 
Lead
Source: 
Nourish Organic Whole Foods Meal Replacement
Liquid Hope Whole Foods Meal Replacement

60-Day Notice Document

Civil Complaint
AG Number:
2020-00443
Complaint PDF: 
Date Filed:
10/08/2020
Case Name: 
EnviroProtect, LLC v. Nutritional Medicinals, LLC
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-20-587042
Plaintiff: 
EnviroProtect, LLC
Plaintiff Attorney: 
Kawahito Law Group APC
Defendant: 
Nutritional Medicinals, LLC
Type of Claim: 
Violation of Proposition 65
Relief Sought: 
Civil Penalty
Injunctive Relief
Contact Name: 
James Kawahito
Contact Organization: 
Kawahito Law Group APC
Email Address:
Address: 
222 North Pacific Coast Hwy., Suite 2222
City, State, Zip:
El Segundo, CA 90245
Phone Number:
(310) 746-5300
Supplemental Settlement
AG Number:
2020-00443
Settlement PDF: 
Settlement Date:
12/01/2020
Case Name: 
EnviroProtect, LLC v. Nutritional Medicinals, LLC
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-20-587042
Plaintiff: 
EnviroProtect, LLC
Plaintiff Attorney: 
Kawahito Law Group APC
Defendant: 
Nutritional Medicinals, LLC
Injunctive Relief: 
Commencing 90 days after the Effective Date, Nutritional Medicinals shall not manufacture for consumer sale into the State of California any Covered Product that subsequently exposes a person to a Daily Serving of more than 0.5 micrograms of lead, as calculated in Section 2.3, without providing a warning as set forth in Sections 2.4 and 2.5. A reformulated Covered Product (“Reformulated Product”) is one for which the Daily Serving contains no more than 0.5 micrograms of lead.
*Non-Contingent Civil Penalty:
$ 12,000.00
Attorney(s) Fees and Costs:
$ 50,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 62,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
James Kawahito
Contact Organization: 
Kawahito Law Group APC
Email Address:
jkawahito@kawahitolaw.com
Address: 
222 North Pacific Coast Hwy., Suite 2222
City, State, Zip:
El Segundo, CA 90245
Phone Number:
(310) 746-5300
Settlement
AG Number:
2020-00443
Settlement PDF: 
Settlement Date:
10/19/2020
Case Name: 
EnviroProtect, LLC v. Nutritional Medicinals, LLC
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-20-587042
Plaintiff: 
EnviroProtect, LLC
Plaintiff Attorney: 
Kawahito Law Group APC
Defendant: 
Nutritional Medicinals, LLC
Injunctive Relief: 
Commencing 90 days after the Effective Date, Nutritional Medicinals shall not manufacture for consumer sale into the State of California any Covered Product that subsequently exposes a person to a Daily Serving of more than 0.5 micrograms, as calculated in Section 2.3, without providing a warning as set forth in Sections 2.4 and 2.5. A reformulated Covered Product (“Reformulated Product”) is one for which the Daily Serving contains no more than 0.5 micrograms of lead.
*Non-Contingent Civil Penalty:
$ 12,000.00
Attorney(s) Fees and Costs:
$ 50,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 62,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
James Kawahito
Contact Organization: 
Kawahito Law Group APC
Email Address:
jkawahito@kawahitolaw.com
Address: 
222 North Pacific Coast Hwy., Suite 2222
City, State, Zip:
El Segundo, CA 90245
Phone Number:
(310) 746-5300
Judgment
AG Number:
2020-00443
Judgment PDF: 
Judgment Date:
12/21/2020
Settlement reported to AG: 
Tue, 12/01/2020
Case Name: 
EnviroProtect, LLC v. Nutritional Medicinals, LLC
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-20-587042
Plaintiff: 
EnviroProtect, LLC
Plaintiff Attorney: 
Kawahito Law Group APC
Defendant: 
Nutritional Medicinals, LLC
Injunctive Relief: 
Commencing 90 days after the Effective Date, Nutritional Medicinals shall not manufacture for consumer sale into the State of California any Covered Product that subsequently exposes a person to a Daily Serving of more than 0.5 micrograms of lead, as calculated in Section 2.3, without providing a warning as set forth in Sections 2.4 and 2.5. A reformulated Covered Product (“Reformulated Product”) is one for which the Daily Serving contains no more than 0.5 micrograms of lead.
*Non-Contingent Civil Penalty:
$ 12,000.00
Attorney(s) Fees and Costs:
$ 50,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 62,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
James Kawahito
Contact Organization: 
Kawahito Law Group APC
Email Address:
jkawahito@kawahitolaw.com
Address: 
222 North Pacific Coast Hwy., Suite 2222
City, State, Zip:
El Segundo, CA 90245
Phone Number:
(310) 746-5300


* 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.