MyoBlox
Below is the timeline of events of the case between ERC and Nutracap Holdings LLC, individually and dba MyoBlox.
NOTICE I
On May 18, 2023, Environmental Research Center filed a Notice of Violation of California Law Proposition 65, against Nutracap Holdings LLC, individually and dba MyoBlox.
In this action, ERC alleges that four specific products manufactured, distributed, or sold by Nutracap Holdings LLC, individually and dba MyoBlox, contain lead, a chemical, listed under Proposition 65 as a carcinogen and reproductive toxin, and expose consumers to levels requiring a Proposition 65 warning.
The products under investigation are:
MyoBlox Blo 3D Boom Pop
MyoBlox Loco Watermelon
MyoBlox Loco Sour Gummy
MyoBlox Blo 3D Bubblegum Sherbet
NOTICE II
On May 31, 2023, Environmental Research Center filed a second Notice of Violation of California Law Proposition 65, against Nutracap Holdings LLC, individually and dba MyoBlox.
In this action, ERC alleges that four more specific products manufactured, distributed, or sold by Nutracap Holdings LLC, individually and dba MyoBlox, contain lead & mercury, chemicals listed under Proposition 65 as carcinogens and reproductive toxins, and expose consumers to levels requiring a Proposition 65 warning.
The products under investigation are:
MyoBlox Skywalk Laser Focus Peach Rings
MyoBlox Skywalk Laser Focus Red Wave
MyoBlox Skywalk Laser Focus Purple Haze
MyoBlox Loco Kiwi Raz
NOTICE III
On June 16, 2023, Environmental Research Center filed a third Notice of Violation of California Law Proposition 65, against Nutracap Holdings LLC, individually and dba MyoBlox.
In this action, ERC alleges that three more specific products manufactured, distributed, or sold by Nutracap Holdings LLC, individually and dba MyoBlox, contain lead & mercury, chemicals listed under Proposition 65 as carcinogens and reproductive toxins, and expose consumers to levels requiring a Proposition 65 warning.
The products under investigation are:
MyoBlox 24/7 Aminos Complete BCAA + EAA Formula Blood Orange
MyoBlox Rubix Pyro Carnitine Mango Chamoy
MyoBlox 24/7 Aminos Complete BCAA + EAA Formula Peach Mango
SETTLEMENT
Plaintiff:
Environmental Research Center, Inc.
Defendant:
Nutracap Holdings LLC dba Myoblox
Injunctive Relief:
Beginning on the Effective Date, Myoblox shall be permanently enjoined from manufacturing for sale in the State of California, "Distributing into the State of California," or directly selling in the State of California, any Covered Product that exposes a person to a "Daily Lead Exposure Level" of more than 0.5 micrograms of lead per day and/or a "Daily Mercury Exposure Level" of more than 0.3 micrograms of mercury per day unless it meets the warning requirements under Section 3.2
Non-Contingent Civil Penalty:
$ 10,000.00
Attorney(s) Fees and Costs:
$ 107,018.00
Payment in Lieu of Penalty:
$ 7,982.00 (Reimbursement of ERC's reasonable costs in the amount of $7,982.43.)
Total Payments:
$ 125,000.00
Will settlement be submitted to court?
Yes
JUDGEMENT
Plaintiff:
Environmental Research Center, Inc.
Plaintiff Attorney:
Michael Freund
Defendant:
Nutracap Holdings LLC dba Myoblox
Injunctive Relief:
Beginning on the Effective Date, Myoblox shall be permanently enjoined from manufacturing for sale in the State of California, "Distributing into the State of California," or directly selling in the State of California, any Covered Product that exposes a person to a "Daily Lead Exposure Level" of more than 0.5 micrograms of lead per day and/or a "Daily Mercury Exposure Level" of more than 0.3 micrograms of mercury per day unless it meets the warning requirements under Section 3.2.
*Non-Contingent Civil Penalty:
$ 10,000.00
Attorney(s) Fees and Costs:
$ 107,018.00
Payment in Lieu of Penalty:
$ 7,982.00 (Reimbursement of ERC's reasonable costs in the amount of $7,982.43.)
Total Payments:
$ 125,000.00
Is Judgment Pursuant to Settlement?
Yes
