60 Day Notice 2020-00493

AG Number: 
2020-00493
Notice PDF: 
Date Filed: 
02/27/2020
Noticing Party: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Law Office of Richard M. Franco
Alleged Violators: 
Your Superfoods, Inc.
Your Super, Inc.
Chemicals: 
Lead and lead compounds
Source: 
Dietary supplements

60-Day Notice Document

Civil Complaint
AG Number:
2020-00493
Complaint PDF: 
Date Filed:
06/22/2020
Case Name: 
Environmental Research Center Inc v Your Superfoods, et al.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG20065719
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Richard M. Franco
Defendant: 
Your Superfoods, Inc.
Your Super, Inc.
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
rick@francolaw.com
Contact Organization: 
Law Office of Richard M. Franco
Email Address:
Address: 
6500 Estates Drive
City, State, Zip:
Oakland, CA 94611
Phone Number:
510-684-1022
Settlement
AG Number:
2020-00493
Settlement PDF: 
Settlement Date:
07/23/2020
Case Name: 
Environmental Research Center v. Your Superfoods, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG20065719
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Richard M. Franco
Defendant: 
Your Superfoods, Inc.
Your Super, Inc.
Injunctive Relief: 
Testing, Reformulation and/or Warning
*Non-Contingent Civil Penalty:
$ 50,000.00
Attorney(s) Fees and Costs:
$ 22,510.00
Payment in Lieu of Penalty:
$ 37,490.00  (Actual amount of Attorneys Fees is $22,510.21. Attorneys Fees includes $13,050 to Law Office of Richard M . Franco, $7,826.31 to ERC and $1,633.90 for reimbursement of costs. Actual amount of "Other Payments" is $37,489.79. Pursuant to section 4.4 of the consent judgment, $37,489.79 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 lead 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 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. 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 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). )
Total Payments:
$ 110,000.00
Will settlement be submitted to court?
Will settlement be submitted to court?: 
Yes
Contact Name: 
Richard M. Franco
Contact Organization: 
Law Office of Richard M Franco
Email Address:
rick@rfrancolaw.com
Address: 
6500 Estates Dr
City, State, Zip:
Oakland, CA 94611
Phone Number:
(510) 684-1022
Comments: 
This settlement also resolves claims in the Notice of Violation at AG Number 2020-01685
Judgment
AG Number:
2020-00493
Judgment PDF: 
Judgment Date:
10/08/2020
Settlement reported to AG: 
Thu, 07/23/2020
Case Name: 
Environmental Research Center, Inc. v. Your Superfood, et al
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG20065719
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Richard M. Franco
Defendant: 
Your Superfoods, Inc.
Your Super, Inc.
Injunctive Relief: 
Testing, Reformulation and/or Warning.
*Non-Contingent Civil Penalty:
$ 50,000.00
Attorney(s) Fees and Costs:
$ 22,510.00
Payment in Lieu of Penalty:
$ 37,490.00  (Amounts rounded. Actual amount of Attorneys Fees is $22,510.21. Attorneys Fees includes $13,050 to Law Office of Richard M . Franco, $7,826.31 to ERC and $1,633.90 for reimbursement of costs. Actual amount of "Other Payments" is $37,489.79. Pursuant to section 4.4 of the consent judgment, $37,489.79 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 lead 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 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. 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 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 screene d 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). )
Total Payments:
$ 110,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Richard M. Franco
Contact Organization: 
Law Office of Richard M. Franco
Email Address:
rick@rfrancolaw.com
Address: 
6500 Estates Drive
City, State, Zip:
Oakland, CA 94611
Phone Number:
(510) 684-1022


* 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.