Noticing Party:
Environmental Research Center, Inc.
Plaintiff Attorney:
Environmental Research Center
Alleged Violators:
NativePath, LLC
Lexicon Digital Media Group, LLC, individually and dba NativePath
60-Day Notice Document
Settlement
Settlement Date:
04/08/2022
Case Name:
Environmental Research Center, Inc. v Native Path, et al.
Plaintiff:
Environmental Research Center, Inc
Defendant:
NativePath, LLC; Lexicon Digital Media Group, LLC, individually and dba NativePath
Injunctive Relief:
3.1 Beginning on the Effective Date, NativePath 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 than 0.5 micrograms of lead per day unless it meets the warning requirements under Section 3.2. Covered Products manufactured and placed into the Stream of Commerce prior to the Effective Date may be sold by any person at any time without violation of this Agreement. The term Stream of Commerce means that manufactured Covered Products are put into final packaging for consumer sales and (1) have been Distributed into the State of California or sold in the State of California by NativePath or (2) are no longer in the possession of or under the control of NativePath.
*Non-Contingent Civil Penalty:
$ 1,000.00
Attorney(s) Fees and Costs:
$ 19,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 20,000.00
Will settlement be submitted to court?
Contact Organization:
Environmental Research Center, Inc.
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.
