Judgment Date:
05/06/2024
Settlement reported to AG:
Case Name:
Environmental Research Center, Inc. v. Elmhurst Milked LLC
Court Name:
Alameda County Superior Court
Plaintiff:
Environmental Research Center, Inc.
Plaintiff Attorney:
Environmental Research Center
Defendant:
Elmhurst Milked LLC
Elmhurst Milked Direct LLC
Injunctive Relief:
3.1 Beginning on the Effective Date, Elmhurst 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 and/or a “Daily Mercury Exposure Level” of more than 0.3 micrograms
of mercury per day and/or a “Daily Arsenic Exposure Level” of more than 10
micrograms of arsenic per day unless it meets the warning requirements under
Section 3.2.
*Non-Contingent Civil Penalty:
$ 45,000.00
Attorney(s) Fees and Costs:
$ 87,000.00
Payment in Lieu of Penalty:
$ 33,000.00 (4.4 $33,000.00 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 and/or mercury and/or arsenic 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 (up to 65-80%): obtaining, shipping, analyzing, and testing dietary
supplement products that may contain lead and/or mercury and/or arsenic 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 judgmentsand settlements concerning lead and/or mercury and/or arsenic. This work also
includes investigation of new companies that ERC does not obtain any recovery
through settlement or judgment; (2) VOLUNTARY COMPLIANCE PROGRAM (up to
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 mercury and/or arsenic 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:
$ 165,000.00
Is Judgment Pursuant to Settlement?
Contact Organization:
Environmental Research Center
Address:
3111 Camino Del Rio North, Suite 400
City, State, Zip:
San Diego, CA 92108
Phone Number:
(619) 500-3090