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FiUDALAMEDA COUNT «1RICHARD T. DRURY (CBN 163559)LOZEAU DRURY LLP2410 12th Street, Suite 250Oakland, CA 946073Ph: 510-836-4200Fax:510-836-42054Email: richard@lozeaudrury.com520KDEC-8 PH 2: 50««* OF THE SUPERIORCH.SALCID0.DEPUTYCOlWAttorney for PlaintiffENVIRONMENTAL RESEARCH CENTER, INC.67SUPERIOR COURT OF THE STATE OF CALIFORNIA8COUNTY OF ALAMEDA910ENVIRONMENTAL RESEARCH CENTER,1112Plaintiff,151*14750659COMPLAINT FOR INJUNCTIVERELIEF AND CIVIL PENALTIES1314Case No.INC., a non-profit California corporation,HEALTHFORCE, INC. dba HEALTHFORCEHealth & Safety Code §25249.5, et seq.NUTRITIONALS, a Nevada Corporation,Defendant.16171819Plaintiff Environmental Research Center, Inc. ("PLAINTIFF" or "ERC") brings thisaction in the interests of the general public and, on information and belief, hereby alleges:INTRODUCTION20211.This action seeks to remedy the continuing failure of Defendant22HEALTHFORCE, INC. dba HEALTHFORCE NUTRITIONALS ("HEALTHFORCE" or23"DEFENDANT") to warn consumers in California that they are being exposed to lead, a24substance known to the State of California to cause cancer, birth defects, and other25reproductive harm. DEFENDANT manufactures, packages, distributes, markets, and/or sells26in California certain products containing lead (collectively, the "PRODUCTS"):COMPLAINT FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES
11. HealthForce Detox Intestinal Movement Formula22. HealthForce Liver Rescue 5 33. HealthForce Friendly Force The Ultimate Probiotic44. Warrior Force Warrior Endurance55. HealthForce Nutritionals Spirulina Azteca 100% TruGanic66. WarriorForce Warrior Greens 100% TruGanic77. HealthForce Nutritionals HealthForce SuperFoods VitaMineral Earth89v3.3 100% TruGanic8. HealthForce Nutritionals Greener Grasses Version 2.1 100% TruGanic109. WarriorForce Warrior Core Foundation 100% TruGanic1110. HealthForce SuperFoods Vitamineral Green Version 5.21211. HealthForce Nutritionals HealthForce Detox Intestinal Drawing Formula13Version 61412. WarriorForce Warrior Food Natural 100% TruGanic1513. HealthForce SuperFoods MacaForce Version 2.0 Vanilla Spice 100%16TruGanic1714. HealthForce SuperFoods Purity Protein Natural1815. Warrior Force Elite Green Protein Cool Green 100% SuperFoods1916. HealthForce Nutritionals HealthForce SuperFoods Green Protein20Alchemy Desert Sun Blend2117. HealthForce SuperFoods Purity Protein Enhanced Pure Vanilla2218. HealthForce Detox Scram2319. HealthForce Nopal Blood Sugar 100% TruGanic2420. WarriorForce Warrior Shield Antioxidant2521. HealthForce SuperFoods MacaForce Dark Mint 100% TruGanic2622. Warrior Force Warrior Food Extreme v. 2.0 Chocolate Plus 100%-2COMPLAINT FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES
TruGanic123. Warrior Force Warrior Food Extreme v. 2.0 Vanilla Plus 100%2TruGanic3424. HealthForce SuperFoods Green Protein Alchemy Magic Mint525. Warrior Force Elite Green Protein Elite Mesquite 100% SuperFoods62.7State1 of California to cause cancer, birth defects, and other reproductive harm.3.89Lead (hereinafter, the “LISTED CHEMICAL”) is a substance known to theThe use and/or handling of the PRODUCTS causes exposures to the LISTEDCHEMICAL at levels requiring a “clear and reasonable warning” under California's Safe10Drinking Water and Toxic Enforcement Act of 1986, Health & Safety Code (“H&S Code”)11§25249.5, et seq. (also known as “Proposition 65”). DEFENDANT has failed to provide the12health hazard warnings required by Proposition 65.4.13DEFENDANT’s past sales and continued manufacturing, packaging,14distributing, marketing and/or sales of the PRODUCTS without the required health hazard15warnings, cause individuals to be involuntarily and unwittingly exposed to levels of the16LISTED CHEMICAL that violate Proposition 65.5.17PLAINTIFF seeks injunctive relief enjoining DEFENDANT from the18continued manufacturing, packaging, distributing, marketing and/or sales of the PRODUCTS19in California without provision of clear and reasonable warnings regarding the risks of cancer,20birth defects, and other reproductive harm posed by exposure to the LISTED CHEMICAL21through the use and/or handling of the PRODUCTS. PLAINTIFF seeks an injunctive order22compelling DEFENDANT to bring its business practices into compliance with Proposition 6523by providing a clear and reasonable warning to each individual who has been and who in the24future may be exposed to the LISTED CHEMICAL from the use of the PRODUCTS.25261All statutory and regulatory references herein are to California law, unless otherwise specified.-3COMPLAINT FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES
1PLAINTIFF also seeks an order compelling DEFENDANT to identify and locate each2individual person who in the past has purchased the PRODUCTS, and to provide to each such3purchaser a clear and reasonable warning that the use of the PRODUCTS will cause exposures4to the LISTED CHEMICAL.56.In addition to injunctive relief, PLAINTIFF seeks an assessment of civil6penalties up to the maximum civil penalty of 2,500 per day per exposure authorized by7Proposition 65 to remedy DEFENDANT’s failure to provide clear and reasonable warnings8regarding exposures to the LISTED CHEMICAL.JURISDICTION AND VENUE9107.This Court has jurisdiction over this action pursuant to California Constitution11Article VI, Section 10, which grants the Superior Court “original jurisdiction in all causes12except those given by statute to other trial courts.” The statute under which this action is13brought does not specify any other basis for jurisdiction.148.This Court has jurisdiction over DEFENDANT because, based on information15and belief, DEFENDANT is a business having sufficient minimum contacts with California, or16otherwise intentionally availing itself of the California market through the distribution and sale17of the PRODUCTS in the State of California to render the exercise of jurisdiction over it by the18California courts consistent with traditional notions of fair play and substantial justice.1920219.Venue in this action is proper in the Alameda Superior Court because theDEFENDANT has violated California law in the County of Alameda.10.On August 29, 2014, PLAINTIFF sent a 60-Day Notice of Proposition 6522(“Notice”) violations to the requisite public enforcement agencies, and to DEFENDANT.23The Notice was issued pursuant to, and in compliance with, the requirements of H&S Code24§25249.7(d) and the statute's implementing regulations regarding the notice of the violations to25be given to certain public enforcement agencies and to the violator. The Notice included, inter26alia, the following information: the name, address, and telephone number of the noticing-4COMPLAINT FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES
1individuals; the name of the alleged violator; the statute violated; the approximate time period2during which violations occurred; and descriptions of the violations, including the chemicals3involved, the routes of toxic exposure, and the specific product or type of product causing the4violations, and was issued as follows:5a. DEFENDANT was provided a copy of the Notice by Certified Mail.6b. DEFENDANT was provided a copy of a document entitled “The Safe7Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65): A8Summary,” which is also known as Appendix A to Title 27 of CCR §25903.c. The California Attorney General was provided a copy of the Notice via9online submission.1011d. The California Attorney General was provided with a Certificate of Merit by12the attorney for the noticing parties, stating that there is a reasonable and13meritorious case for this action, and attaching factual information sufficient14to establish a basis for the certificate, including the identity of the persons15consulted with and relied on by the certifier, and the facts, studies, or other16data reviewed by those persons, pursuant to H&S Code §25249.7(h) (2).1711.At least 60-days have elapsed since PLAINTIFF sent the NOTICE to18DEFENDANT. The appropriate public enforcement agencies have failed to commence and19diligently prosecute a cause of action under H&S Code §25249.5, et seq. against20DEFENDANT based on the allegations herein.PARTIES212212.PLAINTIFF is a non-profit corporation organized under California’s23Corporation Law. ERC is dedicated to, among other causes, reducing the use and misuse of24hazardous and toxic substances, consumer protection, worker safety, and corporate25responsibility.2613.ERC is a person within the meaning of H&S Code §25118 and brings this-5COMPLAINT FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES
1enforcement action in the public interest pursuant to H&S Code §25249.7(d).14.2DEFENDANT HEALTHFORCE, INC. dba HEALTHFORCE3NUTRITIONALS is a corporation organized under the State of Nevada’s Corporation4Law and is a person doing business within the meaning of H&S Code §25249.11.15.5DEFENDANT has manufactured, packaged, distributed, marketed and /or sold6the PRODUCTS for sale or use in California and the County of Alameda. ERC is informed and7believes, and thereupon alleges, that DEFENDANT continues to manufacture, package,8distribute, market and/or sell the PRODUCTS for sale or use in California and in Alameda9County.STATUTORY BACKGROUND101116.The People of the State of California have declared in Proposition 65 their right12"[t]o be informed about exposures to chemicals that cause cancer, birth defects, or other13reproductive harm." (Section 1(b) of Initiative Measure, Proposition 65).1417.To effect this goal, Proposition 65 requires that individuals be provided with a15"clear and reasonable warning" before being exposed to substances listed by the State of16California as causing cancer or reproductive toxicity. H&S Code §25249.6 states, in pertinent17part:18No 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.19202118.“‘Knowingly’ refers only to knowledge of the fact that a discharge of, release of,22or exposure to a chemical listed pursuant to Section 25249.8(a) of the Act is occurring. No23knowledge that the discharge, release or exposure is unlawful is required.” (27 California Code24of Regulations (“CCR”) § 25102(n).)252619.Proposition 65 provides that any person “violating or threatening to violate” thestatute may be enjoined in a court of competent jurisdiction. (H&S Code §25249.7). The phrase-6COMPLAINT FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES
1“threatening to violate” is defined to mean creating “a condition in which there is a substantial2likelihood that a violation will occur.” (H&S Code §25249.11(e)). Violators are liable for civil3penalties of up to 2,500 per day for each violation of the Act. (H&S Code §25249.7.)FACTUAL BACKGROUND4520.On February 27, 1987, the State of California officially listed the chemical lead6as a chemical known to cause reproductive toxicity. Lead became subject to the warning7requirement one year later and was therefore subject to the “clear and reasonable” warning8requirements of Proposition 65 beginning on February 27, 1988. (27 CCR § 25000, et seq.;9H&S Code §25249.5, et seq.). Due to the high toxicity of lead, the maximum allowable dose10level for lead is 0.5 ug/day (micrograms a day) for reproductive toxicity. (27 CCR11§ 25805(b).)1221.On October 1, 1992, the State of California officially listed the chemicals lead13and lead compounds as chemicals known to cause cancer. Lead and lead compounds became14subject to the warning requirement one year later and were therefore subject to the “clear and15reasonable” warning requirements of Proposition 65 beginning on October 1, 1993 (27 CCR §1625000, et seq.; H&S Code §25249.6 et seq.). Due to the carcinogenicity of lead, the no17significant risk level for lead is 15 ug/day (micrograms a day). (27 CCR § 25705(b)(1).)1822.To test DEFENDANT’s PRODUCTS for lead, PLAINTIFF hired a well-19respected and accredited testing laboratory. The results of testing undertaken by PLAINTIFF20of DEFENDANT’s PRODUCTS show that the PRODUCTS tested were in violation of the 0.521ug/day “safe harbor” daily dose limit set forth in Proposition 65’s regulations. Very significant22is the fact that people are being exposed to lead through ingestion as opposed to other not as23harmful methods of exposure such as dermal exposure. Ingestion of lead produces much24higher exposure levels and health risks than does dermal exposure to this chemical.252623.At all times relevant to this action, DEFENDANT, therefore, has knowingly andintentionally exposed the users and/or handlers of the PRODUCTS to the LISTED-7COMPLAINT FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES
12CHEMICAL without first giving a clear and reasonable warning to such individuals.24.The PRODUCTS have allegedly been sold by DEFENDANT for use in3California since at least August 29, 2011. The PRODUCTS continue to be distributed4and sold in California without the requisite warning information.525.On August 29, 2014, ERC served DEFENDANT and each of the appropriate6public enforcement agencies with a Proposition 65 Notice, a document entitled “Notice of7Violations of California Health & Safety Code Section 25249.5” that provided DEFENDANT8and the public enforcement agencies with notice that DEFENDANT was in violation of9Proposition 65 for failing to warn purchasers and individuals using the PRODUCTS that the10use of the PRODUCTS exposes them to lead, a chemical known to the State of California to11cause cancer and/or reproductive toxicity (a true and copy of the 60-Day Notice is attached12hereto as Exhibit A and incorporated by reference).1326. As a proximate result of acts by DEFENDANT, as a person in the course of doing14business within the meaning of Health & Safety Code §25249.11, individuals throughout the15State of California, including in the County of Alameda, have been exposed to the LISTED16CHEMICAL without a clear and reasonable warning. The individuals subject to the illegal17exposures include normal and foreseeable users of the PRODUCTS, as well as all other18persons exposed to the PRODUCTS.192021222324FIRST CAUSE OF ACTION(Injunctive Relief for Violations of Health and Safety Code § 25249.5, et seq. concerningthe PRODUCTS described in the August 29, 2014, Prop. 65 Notice)Against DEFENDANT27.PLAINTIFF re-alleges and incorporates by reference Paragraphs 1 through 26,inclusive, as if specifically set forth herein.28.By committing the acts alleged in this Complaint, DEFENDANT, at all times25relevant to this action, and continuing through the present, has violated H&S Code §25249.626by, in the course of doing business, knowingly and intentionally exposing individuals who use-8COMPLAINT FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES
1or handle the PRODUCTS set forth in the Notice to the LISTED CHEMICAL, without first2providing a clear and reasonable warning to such individuals pursuant to H&S Code §§325249.6 and 25249.11(f).429.By the above-described acts, DEFENDANT has violated H&S Code § 25249.65and is therefore subject to an injunction ordering DEFENDANT to stop violating Proposition665, to provide warnings to all present and future customers, and to provide warnings to7DEFENDANT’s past customers who purchased or used the PRODUCTS without receiving a8clear and reasonable warning.9101130.An action for injunctive relief under Proposition 65 is specifically authorized byHealth & Safety Code §25249.7(a).31.Continuing commission by DEFENDANT of the acts alleged above will12irreparably harm the citizens of the State of California, for which harm they have no plain,13speedy, or adequate remedy at law.14Wherefore, PLAINTIFF prays for judgment against DEFENDANT, as set forth15hereafter.16SECOND CAUSE OF ACTION(Civil Penalties for Violations of Health and Safety Code § 25249.5, et seq. concerning thePRODUCTS described in PLAINTIFF’s NOTICE)Against DEFENDANT171819202132.PLAINTIFF re-alleges and incorporates by reference Paragraphs 1 through 31,inclusive, as if specifically set forth herein.33.By committing the acts alleged in this Complaint, DEFENDANT at all times22relevant to this action, and continuing through the present, has violated H&S Code §25249.623by, in the course of doing business, knowingly and intentionally exposing individuals who use24or handle the PRODUCTS set forth in the Notice to the LISTED CHEMICAL, without first25providing a clear and reasonable warning to such individuals pursuant to H&S Code §§2625249.6 and 25249.11(f).-9COMPLAINT FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES
134.By the above-described acts, DEFENDANT is liable, pursuant to H&S Code2§25249.7(b), for a civil penalty of 2,500 per day per violation for each unlawful exposure to3the LISTED CHEMICAL from the PRODUCTS.45Wherefore, PLAINTIFF prays for judgment against DEFENDANT, as set forthhereafter.THE NEED FOR INJUNCTIVE RELIEF678935.PLAINTIFF re-alleges and incorporates by this reference Paragraphs 1 through34, as if set forth below.36.By committing the acts alleged in this Complaint, DEFENDANT has caused10irreparable harm for which there is no plain, speedy or adequate remedy at law. In the absence11of equitable relief, DEFENDANT will continue to create a substantial risk of irreparable injury12by continuing to cause consumers to be involuntarily and unwittingly exposed to the LISTED13CHEMICAL through the use and/or handling of the PRODUCTS.14PRAYER FOR RELIEF15Wherefore, PLAINTIFF accordingly prays for the following relief:16A.a preliminary and permanent injunction, pursuant to H&S Code §25249.7(b),17enjoining DEFENDANT, its agents, employees, assigns and all persons acting in concert or18participating with DEFENDANT, from distributing or selling the PRODUCTS in California19without first providing a clear and reasonable warning, within the meaning of Proposition 65,20that the users and/or handlers of the PRODUCTS are exposed to the LISTED CHEMICAL;21B.an injunctive order, pursuant to H&S Code §25249.7(b), compelling22DEFENDANT to identify and locate each individual who has purchased the PRODUCTS since23August 29, 2011, and to provide a warning to such person that the use of the PRODUCTS will24expose the user to chemicals known to birth defects and other reproductive harm;2526C.an assessment of civil penalties pursuant to Health & Safety Code §25249.7(b),against Defendants in the amount of 2,500 per day for each violation of Proposition 65;-10COMPLAINT FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES
1D.an award to PLAINTIFF of its reasonable attomey's fees and costs of suit2pursuant to Califomia Code ofJapplication to the Court; and,46E.Civil Procedure g 1021.5,asPLAINTIFF shall specif in furthersuch other and further reliefas may bejust and proper.DATED:7I9l0Richard T. DruryAttomey for PlaintiffEnvironmental Research Centerl112IJ1il)lot7l8l9202l22242526COMPLAINT FOR INJIJNCTIVE RELIEF AND CIVIL PENALTIES
12345678Exhibit A91011121314151617181920212223242526-12COMPLAINT FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES
VIA CERTIFIED MAILVIA ONLINE SUBMISSIONCurrent CEO or PresidentOffice of the California Attorney GeneralHealthforce, Inc. dba Healthforce Nutritionals1532 Encinitas BoulevardVIA PRIORITY MAILEncinitas, CA 92024District Attorneys of All California CountiesCurrent CEO or Presidentand Select City AttorneysHealthforce, Inc. dba Healthforce Nutritionals (See Attached Certificate of Service)1835 South Centre City Parkway, Suite AEscondido, CA 92025Current CEO or PresidentHealthforce, Inc. dba Healthforce Nutritionals1835 South Centre City Parkway, Suite 411Escondido, CA 92025Current CEO or PresidentHealthforce, Inc. dba Healthforce Nutritionals1310 West Driver’s Way, Suite 120Tempe, AZ 85284Nevada Corporate Headquarters, Inc.(Healthforce, Inc.’s Registered Agentfor Service of Process)4730 South Fort Apache Road, Suite 300Las Vegas, NV 89147Nevada Corporate Headquarters, Inc.(Healthforce, Inc.’s Registered Agentfor Service of Process)P.O. Box 27740Las Vegas, NV 89126
Notice of Violations of California Health & Safety Code §25249.5 et seq.August 29, 2014Page 2Re: Notice of Violations of California Health & Safety Code Section 25249.5 et seq.Dear Addressees:I represent Environmental Research Center, Inc. (“ERC”) in connection with this Noticeof Violations of California’s Safe Drinking Water and Toxic Enforcement Act of 1986, which iscodified at California Health & Safety Code Section 25249.5 et seq. and also referred to asProposition 65.ERC is a California non-profit corporation dedicated to, among other causes, helpingsafeguard the public from health hazards by bringing about a reduction in the use and misuse ofhazardous and toxic chemicals, facilitating a safe environment for consumers and employees,and encouraging corporate responsibility.The name of the Company covered by this notice that violated Proposition 65 (hereinafterthe “Violator”) is:Healthforce, Inc. dba Healthforce NutritionalsThe products that are the subject of this notice and the chemicals in those productsidentified as exceeding allowable levels are:1.2.3.4.5.6.7.HealthForce Detox Intestinal Movement Formula - LeadHealthForce Liver Rescue 5 - LeadHealthForce Friendly Force The Ultimate Probiotic - LeadWarrior Force Warrior Endurance - LeadHealthForce Nutritionals Spirulina Azteca 100% TruGanic - LeadWarriorForce Warrior Greens 100% TruGanic – LeadHealthForce Nutritionals HealthForce SuperFoods VitaMineral Earth v3.3 100%TruGanic - Lead8. HealthForce Nutritionals Greener Grasses Version 2.1 100% TruGanic - Lead9. WarriorForce Warrior Core Foundation 100% TruGanic - Lead10. HealthForce SuperFoods Vitamineral Green Version 5.2 - Lead11. HealthForce Nutritionals HealthForce Detox Intestinal Drawing Formula Version 6- Lead12. WarriorForce Warrior Food Natural 100% TruGanic - Lead13. HealthForce SuperFoods MacaForce Version 2.0 Vanilla Spice 100% TruGanic Lead14. HealthForce SuperFoods Purity Protein Natural - Lead15. Warrior Force Elite Green Protein Cool Green 100% SuperFoods - Lead16. HealthForce Nutritionals HealthForce SuperFoods Green Protein Alchemy DesertSun Blend - Lead17. HealthForce SuperFoods Purity Protein Enhanced Pure Vanilla - Lead18. HealthForce Detox Scram - Lead19. HealthForce Nopal Blood Sugar 100% TruGanic - Lead
Notice of Violations of California Health & Safety Code §25249.5 et seq.August 29, 2014Page 320. WarriorForce Warrior Shield Antioxidant - Lead21. HealthForce SuperFoods MacaForce Dark Mint 100% TruGanic - Lead22. Warrior Force Warrior Food Extreme v. 2.0 Chocolate Plus 100% TruGanic - Lead23. Warrior Force Warrior Food Extreme v. 2.0 Vanilla Plus 100% TruGanic - Lead24. HealthForce SuperFoods Green Protein Alchemy Magic Mint - Lead25. Warrior Force Elite Green Protein Elite Mesquite 100% SuperFoods - LeadOn February 27, 1987, the State of California officially listed lead as a chemical knownto cause developmental toxicity, and male and female reproductive toxicity. On October 1, 1992,the State of California officially listed lead and lead compounds as chemicals known to causecancer.This letter is a notice to the Violator and the appropriate governmental authorities of theProposition 65 violations concerning the listed products. This notice covers all violations ofProposition 65 involving the Violator currently known to ERC from the information nowavailable. ERC may continue to investigate other products that may reveal further violations. Asummary of Proposition 65, prepared by the Office of Environmental Health Hazard Assessment,is enclosed with the copy of this letter to the Violator.The Violator has manufactured, marketed, distributed, and/or sold the listed products,which have exposed and continue to expose numerous individuals within California to theidentified chemical, lead. The consumer exposures that are the subject of this notice result fromthe purchase, acquisition, handling and/or recommended use of these products by consumers.The primary route of exposure to lead has been through ingestion, but may have also occurredthrough inhalation and/or dermal contact. Proposition 65 requires that a clear and reasonablewarning be provided prior to exposure to lead. The method of warning should be a warning thatappears on the product’s label. The Violator violated Proposition 65 because it failed to providean appropriate warning to persons using and/or handling these products that they are beingexposed to lead. Each of these ongoing violations has occurred on every day since August 29,2011, as well as every day since the products were introduced in the California marketplace, andwill continue every day until clear and reasonable warnings are provided to product purchasersand users.Pursuant to Section 25249.7(d) of the statute, ERC intends to file a citizen enforcementaction sixty days after effective service of this notice unless the Violator agrees in an enforceablewritten instrument to: (1) reformulate the listed products so as to eliminate further exposures tothe identified chemicals; (2) pay an appropriate civil penalty; and (3) provide clear andreasonable warnings compliant with Proposition 65 to all persons located in California whopurchased the above products in the last three years. Consistent with the public interest goals ofProposition 65 and my client’s objectives in pursuing this notice, ERC is interested in seeking aconstructive resolution to this matter. Such resolution will avoid both further unwarnedconsumer exposures to the identified chemicals and expensive and time consuming litigation.ERC’s Executive Director is Chris Heptinstall, and is located at 3111 Camino Del RioNorth, Suite 400, San Diego, CA 92108; Tel. 619-500-3090. ERC has retained me in connection
Notice of Violations of California Health & Safety Code 525249.5 et seq.August 29 , 2014Page 4with this matter. We suggest that communications regarding this Notice of Violations should bedirected to my attention at the above listed law office address and telephone number'Sincerely,RichardAttachmentsCertificate of MeritCertificate of ServiceOEHHA Summ:rry (to Healthforce, Inc. dba Healthforce Ntttritionals and its RegisteredAgent for Servic:e of Process onlY)Additional Supporting Information for Certificate of Merit (to AG only)
Notice of Violations of (lalifomia Health & Safety Code 525249.5 et seq.August 29.2014Page 5CERTIFICATE, OF ME,RITRe:I,,Environmental Research Center, fnc.'s Notice of Proposition 65 Violationsby Healthforce, Inc. dba Healthforce NutritionalsRichard Drury, declare:the attached sixty-day notice in which it isalleged the party identified in the notice violated California Health & Safety CodeSection 25249.6 by failing to provide clear and reasonable warnings.1. This Certificate of Merit accompanies2.I am an attorney for the noticing party.3.I have consulted with one or more persons with relevant and appropriate experienceor expertise who have reviewed facts, studies, or other data regarding the exposure tothe listed chemical that is the subiect of the notice.4.Based on the information obtained through those consultants, and on otherinformation in my possession, I believe there is a reasonable and meritorious case forthe private action. I understand that "reasonablc and meritorious case for the privateaction" means that the information provides a credible basis that all elements of theplaintiff s case can be established and that the information did not prove that thealleged Violator will be able to establish any of the affirmative defenses set forth inthe statute.5.Along with nhe copy of this Certificate of Merit served on the Attorney General isattached additional factual information sufficient to establish the basis for thiscertificate, including the information identified in Califomia Health & Safety Codeg2524g.7(hX2), i.e., (1) the identity of the persons consulted with and relied on by thecertifier, and (2) the facts, studies, or other data reviewed by those persons.Dated: August 29,201'1,Richard
THE SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986(PROPOSITION 65): A SUMMARYThe following summary has been prepared by the Office of Environmental Health HazardAssessment, the lead agency for the implementation of the Safe Drinking Water andToxic Enforcement Act of 1986 (commonly known as "Proposition 65"). A copy of thissummary must be included as an attachment to any notice of violation served upon analleged violator of the Act. The summary provides basic information about the provisionsof the law, and is intended to serve only as a convenient source of general information. Itis not intended to provide authoritative guidance on the meaning or application of thelaw. The reader is directed to the statute and its implementing regulations (see citationsbelow) for further information. Proposition 65 appears in California law as Health andSafety Code Sections 25249.5 through 25249.13. Regulations that provide more specificguidance on compliance, and that specify procedures to be followed by the State incarrying out certain aspects of the law, are found in Title 22 of the California Code ofRegulations, Sections 12000 through 14000.WHAT DOES PROPOSITION 65 REQUIRE?The "Governor's List." Proposition 65 requires the Governor to publish a list of chemicalsthat are known to the State of California to cause cancer, or birth defects or otherreproductive harm. This list must be updated at least once a year. Over 550 chemicalshave been listed as of May 1, 1996. Only those chemicals that are on the list are regulatedunder this law. Businesses that produce, use, release or otherwise engage in activitiesinvolving those chemicals must comply with the following:Clear and reasonable warnings. A business is required to warn a person before"knowingly and intentionally" exposing that person to a listed chemical. The warninggiven must be "clear and reasonable." This means that the warning must: (1) clearly makeknown that the chemical invo
23. Warrior Force Warrior Food Extreme v. 2.0 Vanilla Plus 100% TruGanic 24. HealthForce SuperFoods Green Protein Alchemy Magic Mint 25. Warrior Force Elite Green Protein Elite Mesquite 100% SuperFoods 2. Lead (hereinafter, the “LISTED CHEMICAL”) is a substance known to the
Grade (9-1) _ 58 (Total for question 1 is 4 marks) 2. Write ̇8̇ as a fraction in its simplest form. . 90. 15 blank Find the fraction, in its
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