Notices of Violations
What is a Notice of Violation?
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When a consumer questions the purity of a product and we agree to investigate, we order the product in question and submit it to a third party laboratory for testing.
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If the lab results come back with certain contaminants, such as heavy metals, above the accepted standard, we first send a notice of violations and file that information with the Attorney General’s office. The Attorney general then takes the next 60 days to review the notice.
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Once that 60 day notice expires, if the company has not responded or communicated their intentions we take steps to legally support the public’s right to know what they are buying and consuming. We advocate for a company’s transparency of information with regard to our allegation about a product’s contamination. We want to make sure YOU, the consumer, know about the alleged violation.
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Resolution can take anywhere from a few months to several years. You can check the status of a particular case by visiting the Attorney General’s website. You will need to search for the company as the defendant bracketed by quotation marks.
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Plaintiff: This is the company filing the notice, like ERC.
Defendant: In this case, this would be the company whose products are under investigation.
Alleged or Allegedly: Here, this mostly indicates that while ERC is raising this concern, the defendant’s liability has not yet been determined by a court of law. Notices brought forward by ERC are based on lab results from third party testing.
ERC neither promotes nor dissuades the use of any products. ERC uses third party independent testing for all noticed products. ERC’s mission is to safeguard the public from health hazards that impact families, workers, and the environment. ERC is dedicated to reducing the use and misuse of hazardous and toxic substances, facilitating a safe environment for consumers and employees and encouraging corporate responsibility.