Y.S. Royal Jelly & Honey Farm, Inc.
Below is the timeline of events of the case between ERC and Y.S. Royal Jelly & Honey Farm, Inc.
Notice of Violation I
On July 25, 2019, Environmental Research Center filed a Notice of Violation of California Law Proposition 65, against Y.S. Royal Jelly & Honey Farm, Inc., individually and dba Y.S. Organic Bee Farms and Y.S. Eco Bee Farms.
In this action, ERC alleges that five specific products manufactured, distributed, or sold by Y.S. Royal Jelly & Honey Farm contain lead, a chemical listed under Proposition 65 as a carcinogen and reproductive toxin, and expose consumers to lead at a level requiring a Proposition 65 warning.
These products are:
Y.S. Eco Bee Farms Pure Inner Forces Propolis Golden Seal Echinacea
Y.S. Eco Bee Farms Triple Bee Complex Mega Multi-Nutrients Royal Jelly Bee Pollen Propolis
Y.S. Eco Bee Farms Immu-Enhancing Activity Full Spectrum Protection Bee’s Winter Defense
Y.S. Eco Bee Farms 100% Pure Bee Pollen Capsules
Y.S. Eco Bee Farms Ultra Mega Strength Propolis 1000
Civil Complaint
Date Filed:
11/13/2019
Type of Claim:
Failure to Warn
Relief Sought:
Warning
Civil Penalty
Settlement
A settlement was reached on November 27, 2019. In full satisfaction of all potential civil penalties, additional settlement payments, attorney's fees, and costs, Y.S. Royal Jelly & Honey Farm shall make a total payment of $90,000.00.
Injunctive Relief:
3.1 Beginning sixty (60) days after the Effective Date, Y.S. Royal Jelly & Honey Farm 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 Products which expose 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.
Payment in Lieu of Penalty:
$ 35,970.00 (Amounts rounded. Actual amounts: Civil Penalty: $48,000.00; Attorney Fees & Costs: $6,029.55, ASP: $35,970.45. 4.4 $35,970.45 shall be distributed to ERC as an Additional Settlement Payment("ASP"), pursuant to California Code of Regulations, title 1 1, 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). 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. )