Healing The Globe Scarlar Enhanced Detoxal 21

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1consumers in California that they are being exposed to lead and/or lead compounds, substances2known to the State of California to cause cancer, birth defects and other reproductive harm.32.Defendant AL GLOBAL CORPORATION (“AL GLOBAL”) manufactures,4packages, distributes, markets, and/or sells in California certain products containing lead and/or5lead compounds (the “AL GLOBAL PRODUCTS”) including:6Healing The Globe Scarlar Enhanced Detoxal 21Livinity Livin Slim PlusLivinity Stress-ese PlusYoungevity R-Garden Milk Thistle FormulaR-Garden Inc. Memory FormulaYoungevity R-Garden Brown Seaweed Extract FormulaR-Garden Inc. Herbal Blends Female Hormone SystemYoungevity R-Garden Green Energy PlusR-Garden Inc. Herbal Blends Eyes SystemR-Garden Inc. Herbal Blends Immune Fungi SystemR-Garden Inc. Herbal Blends Liver Gallbladder SystemR-Garden Inc. Bowel TonerR-Garden Inc. Herbal Blends Thyroid SystemR-Garden Inc. Herbal Blends Respiratory LungR-Garden Inc. Sun EnergyYoungevity Premium Women's Hormonal BalancerAncient Legacy Ocean's GoldScalar Core International Scalar Enhanced Colon ActivatorYoungevity A J.D. Wallach Corporation D’Tox FXHealing The Globe Reshape America Ameri TrimYoungevity Ultimate YouthYoungevity Slender FX Meal Replacement Shake VanillaYoungevity Slender FX Meal Replacement Shake ChocolateTrue2life Fast Food ChocolateTrue2life Fast Food VanillaTrue2life True CleanseYoungevity A J.D. Wallach Corporation Majestic Earth –Ultimate Osteo-FXYoungevity Beyond Osteo-fx Tropical Vanilla FlavorPure3x Designer Beverage Club tazza di vitaYoungevity Beyond Osteo-fx Powder Tropical Vanilla s YOUNGEVITY INTERNATIONAL, INC. (‘YOUNGEVITY I”),25AL INTERNATIONAL, INC., WHICH WILL DO BUSINESS IN CALIFORNIA AS26YOUNGEVITY (‘YOUNGEVITY II”), AL INTERNATIONAL, INC. dba YOUNGEVITY-2FIRST AMENDED COMPLAINT FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES

1(“YOUNGEVITY III”), and AL INTERNATIONAL, INC. (“AL INTERNATIONAL”)2manufacture, package, distribute, market, and/or sell in California certain products containing3lead and/or lead compounds (“YOUNGEVITY PRODUCTS” or collectively with AL4GLOBAL PRODUCTS as the “PRODUCTS”) including:5Healing The Globe Scarlar Enhanced Detoxal 21Livinity Livin Slim PlusLivinity Stress-ese PlusYoungevity R-Garden Milk Thistle FormulaR-Garden Inc. Memory FormulaYoungevity R-Garden Brown Seaweed Extract FormulaR-Garden Inc. Herbal Blends Female Hormone SystemYoungevity R-Garden Green Energy PlusR-Garden Inc. Herbal Blends Eyes SystemR-Garden Inc. Herbal Blends Immune Fungi SystemR-Garden Inc. Herbal Blends Liver Gallbladder SystemR-Garden Inc. Bowel TonerR-Garden Inc. Herbal Blends Thyroid SystemR-Garden Inc. Sun EnergyYoungevity Premium Women’s Hormonal BalancerAncient Legacy Ocean’s GoldScalar Core International Scalar Enhanced Colon ActivatorYoungevity A J.D. Wallach Corporation D’Tox FXHealing The Globe Reshape America Ameri TrimYoungevity Ultimate YouthYoungevity Slender FX Meal Replacement Shake VanillaYoungevity Slender FX Meal Replacement Shake ChocolateTrue2Life Fast Food ChocolateTrue2Life Fast Food VanillaTrue2Life True CleanseYoungevity A J.D. Wallach Corporation Majestic Earth UltimateOsteo-FXYoungevity Beyond Osteo-fx Tropical Vanilla FlavorR-Garden Inc. Herbal Blends Respiratory LungPure3x Designer Beverage Club tazza di vitaYoungevity Beyond Osteo-fx Powder Tropical Vanilla Flavor67891011121314151617181920212223244.Lead and lead compounds (hereinafter, the “LISTED CHEMICALS") aresubstances known to the State1 of California to cause cancer, birth defects, and other25261All statutory and regulatory references herein are to California law, unless otherwise specified.-3FIRST AMENDED COMPLAINT FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES

12reproductive harm.5.The use and/or handling of the PRODUCTS causes exposures to the LISTED3CHEMICALS at levels requiring a “clear and reasonable warning” under California's Safe4Drinking Water and Toxic Enforcement Act of 1986, Health & Safety Code (“H&S Code”)5§25249.5, et seq. (also known as "Proposition 65"). DEFENDANTS have failed to provide the6health hazard warnings required by Proposition 65.76.DEFENDANTS’ continued manufacturing, packaging, distributing, marketing8and/or sales of the PRODUCTS without the required health hazard warnings, causes9individuals to be involuntarily and unwittingly exposed to levels of the LISTED CHEMICALS1011that violate Proposition 65.7.PLAINTIFF seeks injunctive relief enjoining Defendants from the continued12manufacturing, packaging, distributing, marketing and/or sales of the PRODUCTS in13California without provision of clear and reasonable warnings regarding the risks of cancer,14birth defects and other reproductive harm posed by exposure to the LISTED CHEMICALS15through the use and/or handling of the PRODUCTS. Plaintiff seeks an injunctive order16compelling DEFENDANTS to bring their business practices into compliance with Proposition1765 by providing a clear and reasonable warning to each individual who has been and who in18the future may be exposed to LISTED CHEMICALS from the use of the PRODUCTS.19Plaintiff also seeks an order compelling DEFENDANTS to identify and locate each individual20person who in the past has purchased the PRODUCTS, and to provide to each such purchaser a21clear and reasonable warning that the use of the PRODUCTS will cause exposures to the22LISTED CHEMICALS.238.In addition to injunctive relief, PLAINTIFF seeks an assessment of civil24penalties in excess of 24.5 million to remedy DEFENDANTS’ failure to provide clear and25reasonable warnings regarding exposures to the LISTED CHEMICALS.26-4FIRST AMENDED COMPLAINT FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES

JURISDICTION AND VENUE129.This Court has jurisdiction over this action pursuant to California Constitution3Article VI, Section 10, which grants the Superior Court "original jurisdiction in all causes4except those given by statute to other trial courts." The statute under which this action is5brought does not specify any other basis for jurisdiction.610.This Court has jurisdiction over DEFENDANTS because, based on information7and belief, DEFENDANTS are businesses having sufficient minimum contacts with California,8or otherwise intentionally availing themselves of the California market through the distribution9and sale of the PRODUCTS in the State of California, to render the exercise of jurisdiction10over them by the California courts consistent with traditional notions of fair play and11substantial justice.1211.13DEFENDANTS have violated California law in the County of Alameda.PARTIES1415Venue in this action is proper in the Alameda Superior Court because the12.PLAINTIFF Environmental Research Center (“PLAINTIFF” or “ERC”) is a16corporation organized under California’s Corporation Law. ERC is dedicated to, among other17causes, reducing the use and misuse of hazardous and toxic substances, consumer protection,18worker safety and corporate responsibility.19202113.ERC is a person within the meaning of H&S Code §25118 and brings thisenforcement action in the public interest pursuant to H&S Code §25249.7(d).14.Defendant AL GLOBAL CORPORATION is a corporation organized under22California’s Corporation Law and is a person doing business within the meaning of H&S Code23§25249.11 with an office at 2400 Boswell Road, Chula Vista, CA 91914. AL GLOBAL24Manufactures, packages, DISTRIBUTES, markets and/or sells the AL GLOBAL PRODUCTS25for sale or use in California and in Alameda County.26-5FIRST AMENDED COMPLAINT FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES

115.Defendant YOUNGEVITY INTERNATIONAL, INC. (“YOUNGEVITY I”) is2a corporation organized under Delaware’s Corporation Law and is a person doing business3within the meaning of H&S Code §25249.11 with an office at 2400 Boswell Road, Chula4Vista, CA 91914. YOUNGEVITY I manufactures, packages, DISTRIBUTES, markets and/or5sells the YOUNGEVITY PRODUCTS for sale or use in California and in Alameda County.616.Defendant AL INTERNATIONAL, INC., WHICH WILL DO BUSINESS IN7CALIFORNIA AS YOUNGEVITY (“YOUNGEVITY II”) is a corporation organized under8Delaware’s Corporation Law and is a person doing business within the meaning of H&S Code9§25249.11 with an office at 2400 Boswell Road, Chula Vista, CA 91914. YOUNGEVITY II10manufactures, packages, DISTRIBUTES, markets and/or sells the YOUNGEVITY11PRODUCTS for sale or use in California and in Alameda County.12131415161718192021222317.Defendant AL INTERNATIONAL, INC. dba YOUNGEVITY(“YOUNGEVITY III”) is a corporation organized under Delaware’s Corporation Law and is aperson doing business within the meaning of H&S Code §25249.11 with an office at 2400Boswell Road, Chula Vista, CA 91914. YOUNGEVITY III manufactures, packages,DISTRIBUTES, markets and/or sells the YOUNGEVITY PRODUCTS for sale or use inCalifornia and in Alameda County.18.Defendant AL INTERNATIONAL, INC. (“AL INTERNATIONAL”) is acorporation organized under California’s Corporation Law and is a person doing businesswithin the meaning of H&S Code §25249.11 with an office at 2400 Boswell Road, ChulaVista, CA 91914. AL INTERNATIONAL manufactures, packages, DISTRIBUTES, marketsand/or sells the YOUNGEVITY PRODUCTS for sale or use in California and in AlamedaCounty.STATUTORY BACKGROUND2419.The People of the State of California have declared in Proposition 65 their right25"[t]o be informed about exposures to chemicals that cause cancer, birth defects, or other26reproductive harm." Section 1(b) of Initiative Measure, Proposition 65.-6FIRST AMENDED COMPLAINT FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES

120.To effect this goal, Proposition 65 requires that individuals be provided with a2"clear and reasonable warning" before being exposed to substances listed by the State of3California as causing cancer or reproductive toxicity. Health and Safety (“H&S”) Code4§25249.6 states, in pertinent part:No person in the course of doing business shall knowingly and intentionallyexpose any individual to a chemical known to the state to cause cancer orreproductive toxicity without first giving clear and reasonable warning to suchindividual.567821.Proposition 65 provides that any person “violating or threatening to violate” the9statute may be enjoined in a court of competent jurisdiction. H&S Code §25249.7. The phrase10“threatening to violate” is defined to mean creating “a condition in which there is a substantial11likelihood that a violation will occur.” H&S Code §25249.11(e). Violators are liable for civil12penalties of up to 2,500 per day for each violation of the Act. H&S Code §25249.7.FACTUAL BACKGROUND131415161718192021222324252622.On February 27, 1987, the State of California officially listed the chemical leadas a chemical known to cause reproductive toxicity. Lead became subject to the warningrequirement one year later and was therefore subject to the "clear and reasonable" warningrequirements of Proposition 65 beginning on February 27, 1988. 27 California Code ofRegulations (“CCR”) §25000, et seq.; H&S Code §25249.5, et seq.23.On October 1, 1992, the State of California officially listed the chemicals leadand lead compounds as chemicals known to cause cancer. Lead and lead compounds becamesubject to the warning requirement one year later and were therefore subject to the "clear andreasonable" warning requirements of Proposition 65 beginning on October 1, 1993. 27 CCR §25000, et seq.; H&S Code §25249.6, et seq. Due to the high toxicity of lead, the maximumallowable dose level for lead is 0.5 ug/day (micrograms a day) for reproductive toxicity.24.To test DEFENDANTS’ PRODUCTS for lead, PLAINTIFF hired a well-respected and accredited testing laboratory that designed the testing protocol used and-7FIRST AMENDED COMPLAINT FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES

1approved by the California Attorney General years ago for testing heavy metals. The testing2results undertaken by PLAINTIFF of DEFENDANTS’ PRODUCTS show that the3PRODUCTS tested were in violation of the Proposition 65 0.5 ug/day “safe harbor” daily dose4limit. Very significant is the fact that people are being exposed to lead through ingestion as5opposed to other not as harmful methods of exposure such as dermal exposure. Ingestion of6lead produces much higher exposure levels and health risks than dermal exposure to this7chemical.89101125.At all times relevant to this action, DEFENDANTS therefore has knowinglyand intentionally exposed the users and/or handlers of the PRODUCTS to LISTEDCHEMICALS without first giving a clear and reasonable warning to such individuals.26.The AL GLOBAL PRODUCTS have been sold by AL GLOBAL for use12in California since at least May 17, 2010, with the exception of three AL GLOBAL13products - Youngevity Beyond Osteo-fx Tropical Vanilla Flavor, Pure3x Designer14Beverage Club tazza di vita, and Youngevity Beyond Osteo-fx Powder Tropical Vanilla15Flavor (collectively, “ADDITIONAL PRODUCTS”), which ADDITIONAL16PRODUCTS have been sold by AL GLOBAL for use in California since at least17September 13, 2010. The AL GLOBAL PRODUCTS continue to be distributed and sold18in California without the requisite warning information.1927.On May 17, 2013, ERC served AL GLOBAL and each of the appropriate public20enforcement agencies with a document entitled "Notice of Violations of California Health &21Safety Code Section 25249.5 " that provided AL GLOBAL and the public enforcement22agencies with notice that AL GLOBAL was in violation of Proposition 65 for failing to warn23purchasers and individuals using the AL GLOBAL PRODUCTS (not including the24ADDITIONAL PRODUCTS) that the use of the AL GLOBAL PRODUCTS exposes them to25lead, a chemical known to the State of California to cause cancer and/or reproductive toxicity26(“Prop. 65 Notice”) (a copy of the 60-Day Notice is attached hereto as Exhibit A).-8FIRST AMENDED COMPLAINT FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES

128.On September 13, 2013, ERC served AL GLOBAL and each of the appropriate2public enforcement agencies with a document entitled "Notice of Violations of California3Health & Safety Code Section 25249.5 " that provided AL GLOBAL and the public4enforcement agencies with notice that AL GLOBAL was in violation of Proposition 65 for5failing to warn purchasers and individuals using the ADDITIONAL PRODUCTS that the use6of the ADDITIONAL PRODUCTS exposes them to lead, a chemical known to the State of7California to cause cancer and/or reproductive toxicity (“Prop. 65 Notice”) (a copy of the 60-8Day Notice is attached hereto as Exhibit B).929.The YOUNGEVITY PRODUCTS have been sold by YOUNGEVITY I,10YOUNGEVITY II, YOUNGEVITY III, and AL INTERNATIONAL for use in11California since at least October 18, 2010. The YOUNGEVITY PRODUCTS continue to12be distributed and sold in California without the requisite warning information.1330.On October 18, 2013, ERC served YOUNGEVITY I, YOUNGEVITY II,14YOUNGEVITY III, and AL INTERNATIONAL and each of the appropriate public15enforcement agencies with a document entitled "Notice of Violations of California Health &16Safety Code Section 25249.5 " that provided YOUNGEVITY I, YOUNGEVITY II,17YOUNGEVITY III, and AL INTERNATIONAL and the public enforcement agencies with18notice that YOUNGEVITY I, YOUNGEVITY II, YOUNGEVITY III, and AL19INTERNATIONAL were in violation of Proposition 65 for failing to warn purchasers and20individuals using the YOUNGEVITY PRODUCTS that the use of the YOUNGEVITY21PRODUCTS exposes them to lead, a chemical known to the State of California to cause cancer22and/or reproductive toxicity (“Prop. 65 Notice”) (a copy of the 60-Day Notice is attached23hereto as Exhibit C).2431.As a proximate result of acts by DEFENDANTS, as persons in the course of25doing business within the meaning of Health & Safety Code §25249.11, individuals throughout26the State of California, including in the County of Alameda, have been exposed to the LISTED-9FIRST AMENDED COMPLAINT FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES

1CHEMICALS without clear and reasonable warning. The individuals subject to the violative2exposures include normal and foreseeable users of the PRODUCTS, as well as all other3persons exposed to the PRODUCTS.456789FIRST CAUSE OF ACTIONInjunctive Relief for Violations of Health and Safety Code § 25249.5, et seq. concerningthe PRODUCTS described in the May 17, 2013, September 13, 2013, andOctober 18, 2013 Prop. 65 NOTICES OF VIOLATIONAgainst ALL DEFENDANTS32.PLAINTIFF realleges and incorporates by reference all preceding paragraphs asif specifically set forth herein33.On May 17, 2013, PLAINTIFF sent a 60-Day Notice of Proposition 6510violations to the requisite public enforcement agencies, and to AL GLOBAL (“Notice 1”)11attached hereto as Exhibit A. Notice I was issued pursuant to, and in compliance with, the12requirements of H&S Code §25249.7(d) and the statute's implementing regulations regarding13the notice of the violations to be given to certain public enforcement agencies and to the14violator. The notice given included, inter alia, the following information: the name, address,15and telephone number of the noticing individual; the name of the alleged violator; the statute16violated; the approximate time period during which violations occurred; and descriptions of the17violations, including the chemicals involved, the routes of toxic exposure, and the specific18product or type of product causing the violations, and was issued as follows:19a.AL GLOBAL was provided a copy of Notice I by Certified Mail.20b.AL GLOBAL was provided a copy of a document entitled "The Safe21Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65): A22Summary," which is also known as Appendix A to Title 27 of CCR23§25903.24c.online submission.2526The California Attorney General was provided a copy of Notice I viad.The California Attorney General was provided with a Certificate of Merit-10FIRST AMENDED COMPLAINT FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES

1by the attorney for the noticing party, stating that there is a reasonable2and meritorious case for this action, and attaching factual information3sufficient to establish a basis for the certificate, including the identity of4the persons consulted with and relied on by the certifier, and the facts,5studies, or other data reviewed by those persons, pursuant to H&S Code6§25249.7(h) (2).734.On September 13, 2013, PLAINTIFF sent a 60-Day Notice of Proposition 658violations to the requisite public enforcement agencies, and to AL GLOBAL (“Notice II”)9attached hereto as Exhibit B. Notice II was issued pursuant to, and in compliance with, the10requirements of H&S Code §25249.7(d) and the statute's implementing regulations regarding11the notice of the violations to be given to certain public enforcement agencies and to the12violator. The notice given included, inter alia, the following information: the name, address,13and telephone number of the noticing individual; the name of the alleged violator; the statute14violated; the approximate time period during which violations occurred; and descriptions of the15violations, including the chemicals involved, the routes of toxic exposure, and the specific16product or type of product causing the violations, and was issued as follows:17e.AL GLOBAL was provided a copy of Notice II by Certified Mail.18f.AL GLOBAL was provided a copy of a document entitled "The Safe19Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65): A20Summary," which is also known as Appendix A to Title 27 of CCR21§25903.22g.online submission.23242526The California Attorney General was provided a copy of Notice II viah.The California Attorney General was provided with a Certificate of Meritby the attorney for the noticing party, stating that there is a reasonableand meritorious case for this action, and attaching factual information-11FIRST AMENDED COMPLAINT FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES

1sufficient to establish a basis for th

Healing The Globe Scarlar Enhanced Detoxal 21 Livinity Livin Slim Plus Livinity Stress-ese Plus Youngevity R-Garden Milk Thistle Formula R-Garden Inc. Memory Formula Youngevity R-Garden Brown Seaweed Extract Formula R-Garden Inc. Herbal Blends Female Hormone System Youngevity R-Garden Green Energy Plus

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