Settlement reported to AG:
Environmental Research Center, Inc. v. Kerry Group, et al.
Alameda County Superior Court - Hayward
Environmental Research Center, Inc.
Kerry Group PLC
Kerry Foods Inc.
Kerry Luxembourg S.A.R.L.
3.1 Beginning 60 days after the Effective Date (“the Compliance Date”), Kerry Group 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 Product that exposes a person to a “Daily Lead Exposure Level” of more than0.5 micrograms of lead per day unless it meets the warning requirements under Section3.2. This provision shall not apply to Covered Products manufactured prior to the Compliance Date so long as such Covered Products are no longer in possession of or under the control of Kerry Group as of the Compliance Date. For purposes of this Section, a Covered Product is not “under the control of” Kerry Group if Kerry Group 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:
Attorney(s) Fees and Costs:
Payment in Lieu of Penalty:
$ 26,001.00 (Amounts rounded. Actual amounts: Civ Pen.$34,750.00; Atty fees & costs: $39,248.83; ASP $26,001.17. 4.7 $26,001.17 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 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).
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.)
Is Judgment Pursuant to Settlement?
Environmental Research Center, Inc.
3111 Camino Del Rio North
City, State, Zip:
San Diego, CA 92108