Noticing Party:
Environmental Research Center, Inc.
Plaintiff Attorney:
Michael Freund & Associates
Alleged Violators:
Future Kind, LLC
Miami Labs, Inc., individually and dba OpenStore
Open Store, Inc.
Chemicals:
Perfluorooctanoic Acid (PFOA)
60-Day Notice Document
Settlement
Settlement Date:
10/22/2024
Case Name:
Environmental Research Center, Inc. vs. Miami Labs, Inc.
Plaintiff:
Environmental Research Center, Inc.
Plaintiff Attorney:
Michael Freund & Associates
Defendant:
Miami Labs, Inc., individually and dba OpenStore
Injunctive Relief:
3.1 Beginning on the Effective Date, OpenStore 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 which exposes a person to a “Daily Lead Exposure Level” of more than 0.5 micrograms of lead per day and/or any of the Covered Product Future Kind + Organic Vegan Vanilla Protein Supports Muscle & Recovery which exposes a person to a detectible level of PFOA per day unless it meets the warning requirements under Section 3.2.
*Non-Contingent Civil Penalty:
$ 2,500.00
Attorney(s) Fees and Costs:
$ 30,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 32,500.00
Will settlement be submitted to court?
Contact Organization:
Michael Freund & Associates
City, State, Zip:
Berkeley, CA 94704
Phone Number:
(510) 499-1992
* 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.
