Environmental Research Center, Inc. - State Of California

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4Charles W. Poss (SBN 325366)Environmental Research Center, Inc.3111 Camino Del Rio North, Suite 400San Diego, CA 92108Ph: (619) 500-3090Fax: (706) 858-03265Attorney for Plaintiff Environmental Research Center, Inc.1236789101112Patricia H. Jun (SBN 277461)Stuart Kane LLP620 Newport Center Drive, Suite 200Newport Beach, CA 92660Tel: (949) 791-5169Fax: (949) 791-5200Attorney for Defendants Good Brands LLC, individually and dbaAmazing Nutrition and Health Concepts LLC, individually and dbaAmazing Nutrition1314SUPERIOR COURT OF THE STATE OF CALIFORNIA15COUNTY OF ALAMEDA161718ENVIRONMENTAL RESEARCHCENTER, INC., a California non-profitcorporation19Plaintiff,212223STIPULATED CONSENTJUDGMENTHealth & Safety Code § 25249.5 et seq.vs.20CASE NO. RG19040288GOOD BRANDS LLC, individually anddba AMAZING NUTRITION; HEALTHCONCEPTS LLC, individually and dbaAMAZING NUTRITION; and DOES 1-100Action Filed: October 23, 2019Trial Date: None setDefendants.24252627281.INTRODUCTION1.1On October 23, 2019, Plaintiff Environmental Research Center, Inc. (“ERC”), anon-profit corporation, as a private enforcer and in the public interest, initiated this action byPage 1 of 18STIPULATED CONSENT JUDGMENTCase No. RG19040288

1filing a Complaint for Injunctive and Declaratory Relief and Civil Penalties pursuant to the2provisions of California Health and Safety Code section 25249.5 et seq. (“Proposition 65”),3against Good Brands LLC, individually and dba Amazing Nutrition and Health Concepts LLC,4individually and dba Amazing Nutrition (collectively “Amazing Nutrition”) and Does 1-100.5Subsequently, on November 25, 2019, a First Amended Complaint was filed and on August 13,62020, a Second Amended Complaint was filed (the operative Complaint referred to hereinafter7as the “Complaint”). In this action, ERC alleges that a number of products manufactured,8distributed, or sold by Amazing Nutrition contain lead, a chemical listed under Proposition 659as a carcinogen and reproductive toxin, and expose consumers to this chemical at a level10requiring a Proposition 65 warning. These products (referred to hereinafter individually as a11“Covered Product” or collectively as “Covered Products”) are: (1) Amazing Nutrition12Amazing Formulas African Mango With Green Tea Extract 500 MG, (2) Amazing India13Ashwagandha 500 MG, (3) Amazing India Organic Spirulina, (4) Amazing India Spirulina 50014MG, (5) Amazing India Ginger 500 mg, (6) Amazing India Senna 500 MG, (7) Amazing India15Organic Wheatgrass, (8) Amazing India Organic Amla 500 MG, (9) Wholesome Greens Super16Food Dutch Chocolate Flavor, (10) Wholesome Greens Super Food French Vanilla Flavor,17(11) Wholesome Greens Super Food Natural Flavor, (12) Amazing Nutrition Amazing18Naturals Prenatal One Daily Whole Food Multi, (13) Amazing Nutrition Amazing Naturals19Women's One Daily Whole Food Multi, (14) Herbal Secrets Raw Superfoods Greens Blend20Veggie Greens Flavor, (15) Amazing India Organic Shatavari, (16) Amazing India Organic21Amla, (17) Amazing India Organic Triphala, (18) Amazing India Arjuna Bark 500 mg, (19)22Amazing India Organic Wheatgrass Orange Flavor, (20) Amazing India Super Veggies, (21)23Amazing India Barley Grass 500 MG, (22) Herbal Secrets Brewer's Yeast Powder, (23) Herbal24Secrets Organic Maca Root, (24) Herbal Secrets Echinacea & Goldenseal Root 450MG, (25)25Herbal Secrets Turmeric Curcumin with BioPerine 1,500MG, (26) PureNaturals Herbs Apple26Cider Vinegar 500 MG, (27) Herbal Secrets Raw Superfoods Antioxidant Blend Fruit Berry27Flavor, (28) Herbal Secrets Moringa 500MG, (29) Herbal Secrets Ashwagandha 500MG, (30)28Amazing India Organic Senna, (31) Amazing Nutrition Amazing Formulas Black Cohosh 540Page 2 of 18STIPULATED CONSENT JUDGMENTCase No. RG19040288

1MG, (32) Herbal Secrets Pea Protein Vanilla Toffee Flavor, (33) Herbal Secrets Organic Soy2Protein Isolate Unflavored, (34) Herbal Secrets Dandelion Root 520MG, (35) Herbal Secrets3Organic Spirulina, (36) Herbal Secrets Burdock Root 425MG, (37) Herbal Secrets Pea Protein4Dutch Chocolate Flavor, (38) Herbal Secrets Tribulus 630MG, (39) Wholesome Greens5Superfood Berry Flavor, (40) Amazing India Organic Ashwagandha, (41) Amazing India6Organic Tribulus, (42) Herbal Secrets Konjac Root Powder, (43) Herbal Secrets Turmeric7Curcumin with BioPerine 750MG, (44) Herbal Secrets Bitter Melon 1000MG, (45) Amazing8India Immune Support 500mg, (46) Herbal Secrets Cascara Sagrada 450MG, (47) Herbal9Secrets Black Cohosh 540MG, (48) Herbal Secrets Caralluma 800MG, (49) Herbal Secrets10Green Tea Extract 315MG, (50) Herbal Secrets Green Tea Extract 500MG, (51) Herbal Secrets11Triphala 750MG, (52) Herbal Secrets Spirulina 500MG, (53) Herbal Secrets Valerian Root12500MG, (54) PureNaturals Herbs Arjuna Bark Extract 500 MG, (55) PureNaturals Herbs13Dandelion Root 520 MG, (56) PureNaturals Herbs Organic Spirulina, (57) PureNaturals Herbs14Caralluma 1,000 MG, (58) PureNaturals Herbs Liver Support, (59) PureNaturals Herbs Black15Cohosh 540 MG, (60) PureNaturals Herbs Echinacea Goldenseal 450 MG, (61) PureNaturals16Herbs Hawthorn Berries 565 MG, (62) PureNaturals Calcium Magnesium Zinc, (63) Amazing17Muscle Weight Gainer Ultimate Mass Gain Formula Cookies & Cream, (64) Amazing Muscle18Amino Punch Amino Acids With Thermogenic Energy Boosters Watermelon, (65) Amazing19Muscle Men's Performance Complete Multivitamin For Active Men, (66) Amazing Muscle20Amino Punch Amino Acids With Thermogenic Energy Boosters Blue Raspberry, and (67)21Amazing Muscle Amino Punch Amino Acids With Thermogenic Energy Boosters Fruit Punch.2223241.2ERC and Amazing Nutrition are hereinafter referred to individually as a “Party”or collectively as the “Parties.”1.3ERC is a 501 (c)(3) California non-profit corporation dedicated to, among25other causes, helping safeguard the public from health hazards by reducing the use and misuse26of hazardous and toxic chemicals, facilitating a safe environment for consumers and27employees, and encouraging corporate responsibility.281.3For purposes of this Consent Judgment, the Parties agree that Defendant HealthPage 3 of 18STIPULATED CONSENT JUDGMENTCase No. RG19040288

1Concepts LLC is a business entity which employed ten or more persons at certain times relevant2to this action, and qualifies as a “person in the course of doing business” within the meaning of3Proposition 65. Amazing Nutrition asserts, but ERC disputes, that Good Brands LLC has at all4times relevant to this action employed fewer than ten employees. Amazing Nutrition5manufactures, distributes, and/or sells the Covered Products.61.4The requirements imposed by Section 3 of this Consent Judgment shall be in7effect only during time periods in which Amazing Nutrition employs ten or more persons. If8Amazing Nutrition contends that the requirements of Section 3 of this Consent Judgment are not9in effect because Amazing Nutrition no longer employs ten or more persons, Amazing Nutrition1011121314must take the following actions: (a) send ERC written notification within fifteen (15) days ofinvoking relief under this Section 1.4; (b) provide ERC with a copies of the United StatesInternal Revenue Service (IRS) Form 941 (“Form 941”) for the quarter during which AmazingNutrition provides the Section 1.4(a) notification and the immediately preceding quarter; and (c)provide ERC with a copies of the Form 941 either: (i) for the four calendar quarters following15the quarter during which notification was provided pursuant to Section 1.4(a), or (ii) for each1617181920quarter until Amazing Nutrition employs ten or more people, whichever comes first. If thenumber of persons employed by Amazing Nutrition increases to ten or more at any time after thedate that Amazing Nutrition notifies ERC that the number of its employees was less than ten,Amazing Nutrition shall send ERC a written notification that the number of Amazing Nutrition’s21employees has increased to ten or more within thirty (30) days after the date that the number of22Amazing Nutrition’s employees increases to ten or more. Amazing Nutrition shall provide each23Form 941 referenced in Section 1.4 to ERC within thirty (30) days from the date it is provided to24the IRS.251.5The Complaint is based on allegations contained in ERC’s Notices of Violation26dated August 13, 2019, August 29, 2019, September 5, 2019, September 13, 2019, and March2719, 2020 that were served on the California Attorney General, other public enforcers, and28Amazing Nutrition (“Notices”). True and correct copies of the 60-Day Notices dated AugustPage 4 of 18STIPULATED CONSENT JUDGMENTCase No. RG19040288

113, 2019, August 29, 2019, September 5, 2019 and September 13, 2019, and March 19, 20202are attached hereto as Exhibits A, B, C, D, and E respectively, and each is incorporated herein3by reference. More than 60 days have passed since the Notices were served on the Attorney4General, public enforcers, and Amazing Nutrition and no designated governmental entity has5filed a Complaint against Amazing Nutrition with regard to the Covered Products or the alleged6violations.71.6ERC’s Notices and Complaint allege that use of the Covered Products exposes8persons in California to lead without first providing clear and reasonable warnings in violation9of California Health and Safety Code section 25249.6. Amazing Nutrition denies all material10allegations contained in the Notices and Complaint.111.7The Parties have entered into this Consent Judgment in order to settle,12compromise, and resolve disputed claims and thus avoid prolonged and costly litigation.13Nothing in this Consent Judgment nor compliance with this Consent Judgment shall constitute14or be construed as an admission by any of the Parties or by any of their respective officers,15directors, shareholders, employees, agents, parent companies, subsidiaries, divisions,16franchisees, licensees, customers, suppliers, distributors, wholesalers, or retailers of any fact,17issue of law, or violation of law.181.8Except as expressly set forth herein, nothing in this Consent Judgment shall19prejudice, waive, or impair any right, remedy, argument, or defense the Parties may have in20any current or future legal proceeding unrelated to these proceedings.212223241.9The Effective Date of this Consent Judgment is the date on which it is enteredas a Judgment by this Court.2.JURISDICTION AND VENUEFor purposes of this Consent Judgment and any further court action that may become25necessary to enforce this Consent Judgment, the Parties stipulate that this Court has subject matter26jurisdiction over the allegations of violations contained in the Complaint, personal jurisdiction27over Amazing Nutrition as to the acts alleged in the Complaint, that venue is proper in Alameda28County, and that this Court has jurisdiction to enter this Consent Judgment as a full and finalPage 5 of 18STIPULATED CONSENT JUDGMENTCase No. RG19040288

1resolution of all claims up through and including the Effective Date which were or could have2been asserted in this action based on the facts alleged in the Notices and Complaint.343.INJUNCTIVE RELIEF, REFORMULATION, TESTING AND WARNINGS3.1Beginning on the Effective Date, Amazing Nutrition shall be permanently5enjoined from manufacturing for sale in the State of California, “Distributing into the State of6California,” or directly selling in the State of California, any Covered Products which expose a7person to a “Daily Lead Exposure Level” of more than 0.5 micrograms of lead per day unless it8meets the warning requirements under Section 3.2. However, any Covered Products that are9manufactured prior to the Effective Date and no longer in possession or under the control of10Amazing Nutrition as of the Effective Date, or that are shipped, sold, or Distributed into the11State of California by Amazing Nutrition prior to the Effective Date, are not bound by the12injunctive terms set forth in Section 3, and are instead permitted to be sold as is to California13consumers and are expressly released by Section 8. For purposes of this Section, a Covered14Product is not “under the control of Amazing Nutrition” if Amazing Nutrition cannot15reasonably ensure that a third party will place a Warning on the product before it is shipped to16a California consumer.173.1.1As used in this Consent Judgment, the terms “Distributing into the State18of California” and “Distributed into the State of California” shall mean to directly ship a19Covered Product into California for sale in California or to sell a Covered Product to a20distributor that Amazing Nutrition knows or has reason to know will sell the Covered Product21in California.223.1.2For purposes of this Consent Judgment, the “Daily Lead Exposure23Level” shall be measured in micrograms, and shall be calculated using the following formula:24micrograms of lead per gram of product, multiplied by grams of product per serving of the25product (using the largest serving size appearing on the product label), multiplied by servings26of the product per day (using the largest number of recommended daily servings appearing on27the label), which equals micrograms of lead exposure per day. If the label contains no28recommended daily servings, then the number of recommended daily servings shall be one.Page 6 of 18STIPULATED CONSENT JUDGMENTCase No. RG19040288

13.22If Amazing Nutrition is required to provide a warning pursuant to Section 3.1, the345Clear and Reasonable Warningsfollowing warning must be utilized (“Warning”):WARNING: Consuming this product can expose you to chemicals including [lead] whichis [are] known to the State of California to cause [cancer and] birth defects or otherreproductive harm. For more information go to www.P65Warnings.ca.gov/food.67Amazing Nutrition shall use the phrase “cancer and” in the Warning if Amazing Nutrition8has reason to believe that the the “Daily Lead Exposure Level” is greater than 15 micrograms of9lead as determined pursuant to the quality control methodology set forth in Section 3.4 or if10Amazing Nutrition has reason to believe that another Proposition 65 chemical is present which11may require a cancer warning.12The Warning shall be securely affixed to or printed upon the container or label of each13Covered Product. If the Warning is provided on the label, it must be set off from other14surrounding information and enclosed in a box. In addition, for any Covered Product sold over15the internet, the Warning shall appear on the checkout page when a California delivery address16is indicated for any purchase of any Covered Product or on the Covered Product’s primary17product display page. An asterisk or other identifying method must be utilized to identify18which products on the checkout page are subject to the Warning. The Warning on the primary19product display page or checkout page may be provided by use of a conspicuous hyperlink20stating “WARNING” in all capital and bold letters so long as the hyperlink goes directly to a21page prominently displaying the Warning without content that detracts from the Warning. A22Warning is not prominently displayed if the purchaser has to search for it in the general content23of the website.24The Warning shall be at least the same size as the largest of any other health or safety25warnings also appearing on the website or on the label or container of Amazing Nutrition’s26product packaging and the word “WARNING” shall be in all capital letters and in bold print. No27statements intended to or likely to have the effect of diminishing the impact of the Warning on the28average lay person shall accompany the Warning. Further, no statements may accompany thePage 7 of 18STIPULATED CONSENT JUDGMENTCase No. RG19040288

1Warning that state or imply that the source of the listed chemical has an impact on or results in a2less harmful effect of the listed chemical.3Amazing Nutrition must display the above Warning with such conspicuousness, as4compared with other words, statements or designs on the label or container, or on its website, if5applicable, to render the Warning likely to be read and understood by an ordinary individual under6customary conditions of purchase or use of the product.7In the event that Proposition 65 is amended to require wording that differs from the8Warning as described in this Section, and such amendment is applicable to the Covered Products,9a warning that complies with the amended Proposition 65 requirement shall be deemed to comply10with this Section.113.312A Conforming Covered Product is a Covered Product for which the “Daily Lead ExposureConforming Covered Products13Level” is no greater than 0.5 micrograms of lead per day as determined by the quality control14methodology described in Section 3.4.153.416Testing and Quality Control Methodology3.4.1Beginning within one year of the Effective Date, Amazing Nutrition17shall arrange for lead testing of the Covered Products at least once a year for a minimum of18five consecutive years by arranging for testing of five randomly selected samples of each of the19Covered Products, in the form intended for sale to the end-user, which Amazing Nutrition20intends to sell or is manufacturing for sale in California, directly selling to a consumer in21California or “Distributing into the State of California.” If tests conducted pursuant to this22Section demonstrate that no Warning is required for a Covered Product during each of five23consecutive years, then the testing requirements of this Section will no longer be required as to24that Covered Product.253.4.2For purposes of measuring the “Daily Lead Exposure Level,” the highest26lead detection result of the five (5) randomly selected samples of the Covered Products will be27controlling.283.4.3All testing pursuant to this Consent Judgment shall be performed using aPage 8 of 18STIPULATED CONSENT JUDGMENTCase No. RG19040288

1laboratory method that complies with the performance and quality control factors appropriate2for the method used, including limit of detection, qualification, accuracy, and precision that3meets the following criteria: Inductively Coupled Plasma-Mass Spectrometry (“ICP-MS”)4achieving a limit of quantification of less than or equal to 0.010 mg/kg.53.4.4All testing pursuant to this Consent Judgment shall be performed by an6independent third party laboratory certified by the California Environmental Laboratory7Accreditation Program or an independent third-party laboratory that is registered with the8United States Food & Drug Administration.93.4.5Nothing in this Consent Judgment shall limit Amazing Nutrition’s10ability to conduct, or require that others conduct, additional testing of the Covered Products,11including the raw materials used in their manufacture.123.4.6Within thirty (30) days of ERC’s written request, Amazing Nutrition13shall deliver lab reports obtained pursuant to Section 3.4 to ERC. Amazing Nutrition shall14retain all test results and documentation for a period of five years from the date of each test.153.4.7No testing or reporting shall be required for a Covered Product that,16continuously and without interruption after the Effective Date, meets any of the following17conditions: (a) a Warning compliant with Section 3.2 is provided for the Covered Product; (b)18the Covered Product is not being manufactured; or (c) the Covered Product is not sold in19California. In the event Amazing Nutrition ceases to meet all of the conditions outlined in20Section 3.4.7 (a) through (c), then Amazing Nutrition shall be required to comply with the21testing requirements of this Section beginning immediately after the date that all of the22conditions have not been met, or one year after the Effective Date, whichever date is later.233.524In the event that Proposition 65 is repealed or preempted as to the Covered Products,Effect of Repeal or Preemption on Injunctive Terms25Amazing Nutrition shall have no further obligation pursuant to this Consent Judgment to26provide the warnings described herein or to test the Covered Products pursuant to Section 3.4,27but only to the extent that the Covered Products are affected by the repeal or preemption.28///Page 9 of 18STIPULATED CONSENT JUDGMENTCase No. RG19040288

124.SETTLEMENT PAYMENT4.1In full satisfaction of all potential civil penalties, additional settlement3payments, attorney’s fees, and costs, Amazing Nutrition shall make a total payment of 60,0004(“Total Settlement Amount”) to ERC according to the following payment schedule (the5“Periodic Payments”):6 Payment 1 -- 45,000.00 within 5 days of the Effective Date (“Due Date”).7 Payment 2 -- 15,000.00 within 65 days of the Effective Date (Due Date”).8Amazing Nutrition shall make these Periodic Payments by wire transfer to ERC’s91011account, for which ERC will give Amazing Nutrition the necessary account information. TheTotal Settlement Amount shall be apportioned as follows:4.2 12,000.00 shall be considered a civil penalty pursuant to California Health and12Safety Code section 25249.7(b)(1). ERC shall remit 75% ( 9000.00) of the civil penalty to the13Office of Environmental Health Hazard Assessment (“OEHHA”) for deposit in the Safe14Drinking Water and Toxic Enforcement Fund in accordance with California Health and Safety15Code section 25249.12(c). ERC will retain the remaining 25% ( 3,000.00) of the civil penalty.16171819204.3 20,232.16 shall be distributed to ERC as reimbursement to ERC for reasonablecosts incurred in bringing this action.4.4 27,767.84 shall be distributed to ERC for its in-house legal fees. Except asexplicitly provided herein, each Party shall bear its own fees and costs.4.6In the event that Amazing Nutrition fails to remit, in full, either of the Periodic21Payments owed under Section 4 of this Consent Judgment on or before the applicable Due22Date, Amazing Nutrition shall be deemed to be in material breach of its obligations under this23Consent Judgment. ERC shall provide written notice of the delinquency to Amazing Nutrition24via electronic mail. If Amazing Nutrition fails to deliver the delinquent payment within five25(5) days from the written notice, the Total Settlement Amount, less any amounts previously26paid to ERC, shall be immediately due and owing and shall accrue interest at the statutory27judgment interest rate provided in the California Code of Civil Procedure section 685.010.28Additionally, Amazing Nutrition agrees to pay ERC’s reasonable attorney’s fees and costs forPage 10 of 18STIPULATED CONSENT JUDGMENTCase No. RG19040288

12any efforts to collect the payment due under this Consent Judgment.5.3MODIFICATION OF CONSENT JUDGMENT5.1This Consent Judgment may be modified only as to injunctive terms (i) by4written stipulation of the Parties and upon entry by the Court of a modified consent judgment5or (ii) by motion of either Party pursuant to Section 5.3 and upon entry by the Court of a6modified consent judgment.75.2If Amazing Nutrition seeks to modify this Consent Judgment under Section 5.1,8then Amazing Nutrition must provide written notice to ERC of its intent (“Notice of Intent”). If9ERC seeks to meet and confer regarding the proposed modification in the Notice of Intent, then10ERC must provide written notice to Amazing Nutrition within thirty (30) days of receiving the11Notice of Intent. If ERC notifies Amazing Nutrition in a timely manner of ERC’s intent to12meet and confer, then the Parties shall meet and confer in good faith as required in this Section.13The Parties shall meet in person or via telephone within thirty (30) days of ERC’s notification14of its intent to meet and confer. Within thirty (30) days of such meeting, if ERC disputes the15proposed modification, ERC shall provide to Amazing Nutrition a written basis for its position.16The Parties shall continue to meet and confer for an additional thirty (30) days in an effort to17resolve any remaining disputes. Should it become necessary, the Parties may agree in writing18to different deadlines for the meet-and-confer period.195.3In the event that Amazing Nutrition initiates or otherwise requests a20modification under Section 5.1, and the meet and confer process leads to a joint motion or21application for a modification of the Consent Judgment, Amazing Nutrition shall reimburse22ERC its costs and reasonable attorney’s fees for the time spent in the meet-and-confer process23and filing and arguing the motion or application.24252627286.RETENTION OF JURISDICTION, ENFORCEMENT OF CONSENTJUDGMENT6.1This Court shall retain jurisdiction of this matter to enforce, modify, orterminate this Consent Judgment.6.2If ERC alleges that any Covered Product fails to qualify as a ConformingPage 11 of 18STIPULATED CONSENT JUDGMENTCase No. RG19040288

1Covered Product (for which ERC alleges that no Warning has been provided), then ERC shall2inform Amazing Nutrition in a reasonably prompt manner of its test results, including3information sufficient to permit Amazing Nutrition to identify the Covered Products at issue.4Amazing Nutrition shall, within thirty (30) days following such notice, provide ERC with5testing information, from an independent third-party laboratory meeting the requirements of6Sections 3.4.3 and 3.4.4, demonstrating Amazing Nutrition’s compliance with the Consent7Judgment. The Parties shall first attempt to resolve the matter prior to ERC taking any further8legal action.97.10APPLICATION OF CONSENT JUDGMENTThis Consent Judgment may apply to, be binding upon, and benefit the Parties and their11respective officers, directors, shareholders, employees, agents, parent companies, subsidiaries,12divisions, franchisees, licensees, customers (excluding private labelers), distributors, wholesalers,13retailers, predecessors, successors, and assigns. This Consent Judgment shall have no14application to any Covered Product which is distributed or sold exclusively outside the State of15California and which is not used by California consumers.16178.BINDING EFFECT, CLAIMS COVERED AND RELEASED8.1This Consent Judgment is a full, final, and binding resolution between ERC, on18behalf of itself and in the public interest, and Amazing Nutrition and its respective officers,19directors, shareholders, employees, agents, representatives, attorneys, accountants, insurers,20independent contractors, holding companies, controlling entities, parent companies, sister21companies, subsidiaries, affiliated entities within the same corporate family or under common22ownership, divisions, suppliers, franchisees, licensees, customers (not including private label23customers of Amazing Nutrition), distributors, wholesalers, retailers, and all other upstream24and downstream entities in the distribution chain of any Covered Product, and the25predecessors, successors, and assigns of any of them (collectively, "Released Parties"). ERC,26on behalf of itself and in the public interest, hereby fully releases and discharges the Released27Parties from any and all claims, actions, causes of action, suits, demands, liabilities, damages,28penalties, fees, costs, and expenses asserted, or that could have been asserted from thePage 12 of 18STIPULATED CONSENT JUDGMENTCase No. RG19040288

1handling, use, or consumption of the Covered Products, as to any alleged violation of2Proposition 65 or its implementing regulations arising from the failure to provide Proposition365 warnings on the Covered Products regarding lead up to and including the Effective Date.48.2ERC on its own behalf only, and Amazing Nutrition on its own behalf only,5further waive and release any and all claims they may have against each other for all actions or6statements made or undertaken in the course of seeking or opposing enforcement of7Proposition 65 in connection with the Notices and Complaint up through and including the8Effective Date, provided, however, that nothing in Section 8 shall affect or limit any Party’s9right to seek to enforce the terms of this Consent Judgment.108.3It is possible that other claims not known to the Parties, arising out of the facts11alleged in the Notices and Complaint, and relating to the Covered Products, will develop or be12discovered. ERC on behalf of itself only, and Amazing Nutrition on behalf of itself only,13acknowledge that this Consent Judgment is expressly intended to cover and include all such14claims up through and including the Effective Date, including all rights of action therefore.15ERC and Amazing Nutrition acknowledge that the claims released in Sections 8.1 and 8.216above may include unknown claims, and nevertheless waive California Civil Code section171542 as to any such unknown claims. California Civil Code section 1542 reads as follows:18192021A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THECREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TOEXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASEAND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLYAFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASEDPARTY.22ERC on behalf of itself only, and Amazing Nutrition on behalf of itself only, acknowledge and23understand the significance and consequences of this specific waiver of California Civil Code24section 1542.258.4Compliance with the terms of this Consent Judgment shall be deemed to26constitute compliance with Proposition 65 by any releasee regarding alleged exposures to lead27in the Covered Products as set forth in the Notices and Complaint.288.5Nothing in this Consent Judgment is intended to apply to any occupational orPage 13 of 18STIPULATED CONSENT JUDGMENTCase No. RG19040288

1environmental exposures arising under Proposition 65, nor shall it apply to any of Amazing2Nutrition’s products other than the Covered Products.39.4SEVERABILITY OF UNENFORCEABLE PROVISIONSIn the event that any of the provisions of this Consent Judgment are held by a court to be5unenforceable, the validity of the remaining enforceable provisions shall not be adversely6affected.710.891011GOVERNING LAWThe terms and conditions of this Consent Ju

Muscle Weight Gainer Ultimate Mass Gain Formula Cookies & Cream, (64) Amazing Muscle Amino Punch Amino Acids With Thermogenic Energy Boosters Watermelon, (65) Amazing . Amazing Nutrition shall send ERC a written notification that the number of Amazing Nutrition's employees has increased to ten or more within thirty (30) days after the date .

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