Pervine Foods, LLC.
Below is the timeline of events of the case between ERC and Pervine Foods LLC.
Notice of Violation I
On June 8, 2018 and September 14, 2018, Environmental Research Center filed a Notice of Violation of California Law Proposition 65, against PERVINE FOODS, LLC.
In this action, ERC alleges that fourteen specific products manufactured, distributed, or sold by PERVINE/BAKERY 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:
Chef Robert Irvine's Fit Crunch Whey Protein Baked Bar Cookies And Cream
Chef Robert Irvine's Fit Crunch Whey Protein Baked Bar Peanut Butter
Chef Robert Irvine's Fit Crunch Whey Protein Baked Bar Chocolate Chip Cookie Dough
Chef Robert Irvine's Fit Crunch Whey Protein Baked Bar Caramel Peanut
Chef Robert Irvine's Fit Crunch Whey Protein Brownie Cookie Dough
Chef Robert Irvine's Fit Crunch Whey Protein Powder Chocolate Deluxe
Chef Robert Irvine's Fit Crunch Whey Protein Powder Peanut Butter
Chef Robert Irvine's Fit Crunch Whey Protein Brownie Chocolate 50g
Chef Robert Irvine's Fit Crunch Whey Protein Baked Bar Birthday Cake 88g
Chef Robert Irvine's Fit Crunch Whey Protein Baked Bar Chocolate Chip Cookie Dough 46g
Chef Robert Irvine's Fit Crunch Whey Protein Baked Bar Cinnamon Twist 46g
Chef Robert Irvine's Fit Crunch Whey Protein Baked Bar Bi1ihday Cake 46g
Chef Robert Irvine's Fit Crunch Whey Protein Baked Bar Caramel Peanut 46g
Chef Robert Irvine's Fit Crunch Whey Protein Baked Bar Chocolate Peanut Butter 46g.
Civil Complaint
On 09/17/2018, the Environmental Research Center filed a Civil Complaint against Rawnature5 Corporation, individually and dba Koia. To view the full civil complaint, click here.
Type of Claim:
Failure to Warn
Relief Sought:
Warning
Civil Penalty
Injunctive and Declaratory Relief
Settlement
A settlement was reached on 09/06/2019. In full satisfaction of all potential civil penalties, additional settlement payments, attorney's fees, and costs, PERVINE FOODS LLC; BAKERY BARN, INC shall pay $400,000.00 in total.
Payment in Lieu of Penalty:
$ 105,114.00 ($105,114.32 shall be distributed to ERC as an Additional Settlement Payment 21 ("ASP"), pursuant to California Code of Regulations, title 11, sections 3203, subdivision (d) and 22 3204. ERC will utilize the ASP for activities that address the same public harm as allegedly caused by PERVINE/BAKERY 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.)