Proposition 65 Settlement Executive Summary 2009 Plaintiff Number of Total of Total Civil Total Attorney Total Other Settlements Settlements Penalty Fees and Costs Distribution As You Sow 8 $1,369,750.00 $157,000.00 $471,112.00 $741,638.00 Brimer, Russell 12 $329,690.00 $49,640.00 $280,050.00 $0.00 Brimer, Russell; Held, Ph.D., Anthony 1 $29,000.00 $1,500.00 $27,500.00 $0.00 Center For Environmental Health 64 $2,068,250.00 $37,800.00 $1,366,100.00 $664,300.00 Cole, David 1 $10,500.00 $500.00 $10,000.00 $0.00 Consumer Advocacy Group, Inc. 13 $886,500.00 $0.00 $760,500.00 $116,000.00 Deubler, Christine 1 $25,000.00 $25,000.00 $0.00 Environmental Law Foundation 7 $842,500.00 $120,000.00 $722,500.00 $0.00 Environmental World Watch 70 $2,100,000.70 $1,568,823.90 $531,176.80 Held, Ph.D., Anthony 88 $2,725,711.00 $477,700.00 $2,239,511.00 $0.00 Jaime Te'o 1 $28,000.00 $2,000.00 $26,000.00 $0.00 Leeman, Ph.D., Whitney 4 $100,300.00 $21,500.00 $78,800.00 $0.00 Mateel Environmental Justice 34 $1,482,500.00 $22,500.00 $945,000.00 $515,000.00 Foundation Michael DiPirro 9 $273,250.00 $39,250.00 $234,000.00 $0.00 Office of the Attorney General 7 $2,337,226.00 $755,500.00 $280,226.00 $1,301,500.00 Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in summary form, and requires reference to the actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Page 1 of 2 Plaintiff Number of Total of Total Civil Total Attorney Total Other Settlements Settlements Penalty Fees and Costs Distribution Physicians Committee for 1 $0.00 $0.00 Responsible Medicine Totals 321 $14,608,177.70 $1,684,890.00 $9,035,122.90 $3,869,614.80 Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in summary form, and requires reference to the actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Page 2 of 2 Cumulative Proposition 65 Settlement Report Date Plaintiff Defendant Injunctive Relief Total Settlement Civil Penalty Attorney Fees Other Explanantion of Costs Distribution Other Distribution 1/9/2009 As You Sow Vitacost.com Ban, testing and warnings $150,000.00 $12,000.00 $40,000.00 $98,000.00 As You Sow 3/11/2009 As You Sow Century Novelty Reformulation $10,500.00 $1,500.00 $3,000.00 $6,000.00 To As You Sow Company, Inc. 3/27/2009 As You Sow Arizona Nutritionals Testing protocols and $95,000.00 $14,000.00 $32,300.00 $48,700.00 To As You Sow warnings 4/1/2009 As You Sow Kaufman, Levine & Warnings and reformulation $85,000.00 $4,000.00 $42,392.00 $38,608.00 To As You Sow Partners, Inc.; PACE, Inc. 6/11/2009 As You Sow Swanson Health Ban, testing and warnings $682,500.00 $85,000.00 $260,500.00 $337,000.00 As You Sow Products, Inc. 7/27/2009 As You Sow Homax Products, Inc. Warnings, reformulation, $196,750.00 $26,000.00 $52,240.00 $118,510.00 To As You Sow downstream stickers Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Page 1 of 50 Date Plaintiff Defendant Injunctive Relief Total Settlement Civil Penalty Attorney Fees Other Explanantion of Costs Distribution Other Distribution 7/14/2009 As You Sow XIM Products, Inc. Warnings $80,000.00 $7,500.00 $23,680.00 $48,820.00 To As You Sow 8/28/2009 As You Sow Office Depot Warnings and reformulation $70,000.00 $7,000.00 $17,000.00 $46,000.00 To As You Sow $1,369,750.00 $157,000.00 $471,112.00 As You Sow Totals 8 $741,638.00 Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Page 2 of 50 Date Plaintiff Defendant Injunctive Relief Total Settlement Civil Penalty Attorney Fees Other Explanantion of Costs Distribution Other Distribution 6/12/2009 Brimer, Russell Boston Warehouse Warnings and reformulation $40,500.00 $12,000.00 $28,500.00 $0.00 Trading Corporation 6/8/2009 Brimer, Russell Allary Corporation Warnings and reformulation $18,000.00 $2,000.00 $16,000.00 $0.00 6/11/2009 Brimer, Russell Dyno LLC Reformulation $32,500.00 $6,000.00 $26,500.00 $0.00 7/15/2009 Brimer, Russell Southwest Specialty Warning and reformulation $13,500.00 $1,000.00 $12,500.00 $0.00 Foods, Inc. 9/3/2009 Brimer, Russell Panacea Products Warnings and reformulation $45,000.00 $8,000.00 $37,000.00 $0.00 Corporation 8/6/2009 Brimer, Russell Regent Products Warnings and reformulation $35,000.00 $2,000.00 $33,000.00 $0.00 Corporation 9/15/2009 Brimer, Russell L.C. Industries, Inc. Warnings and reformulation $18,500.00 $2,000.00 $16,500.00 $0.00 7/28/2009 Brimer, Russell Ganz USA, LLC Reformulation $17,800.00 $1,000.00 $16,800.00 $0.00 11/20/2009 Brimer, Russell Aramco Imports, Inc. Reformulation $27,000.00 $2,000.00 $25,000.00 $0.00 Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Page 3 of 50 Date Plaintiff Defendant Injunctive Relief Total Settlement Civil Penalty Attorney Fees Other Explanantion of Costs Distribution Other Distribution 11/11/2009 Brimer, Russell Charles Leonard, Inc. Warnings and reformulation $16,250.00 $1,000.00 $15,250.00 $0.00 10/2/2009 Brimer, Russell Euro-Pro Operating LLC Reformulation $28,640.00 $8,640.00 $20,000.00 $0.00 11/23/2009 Brimer, Russell Staedtler, Inc. Reformulation $37,000.00 $4,000.00 $33,000.00 $0.00 $329,690.00 $49,640.00 $280,050.00 Brimer, Russell Totals 12 $0.00 Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Page 4 of 50 Date Plaintiff Defendant Injunctive Relief Total Settlement Civil Penalty Attorney Fees Other Explanantion of Costs Distribution Other Distribution 5/5/2009 Brimer, Russell; Held, Creata USA, Inc. Warnings and reformulation $29,000.00 $1,500.00 $27,500.00 $0.00 Ph.D., Anthony Brimer, Russell; Held, Ph.D., Totals 1 $29,000.00 $1,500.00 $27,500.00 $0.00 Anthony Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Page 5 of 50 Date Plaintiff Defendant Injunctive Relief Total Settlement Civil Penalty Attorney Fees Other Explanantion of Costs Distribution Other Distribution 1/9/2009 Center For Blue Chip Company, LLC Reformulation $15,000.00 $10,000.00 $5,000.00 To Center for Environmental Health Environmental Health 2/27/2009 Center For Planet Beauty, Inc. Reformulation $2,000.00 $0.00 $2,000.00 $0.00 Environmental Health 2/26/2009 Center For Accessory Network Reformulation $15,000.00 $0.00 $10,000.00 $5,000.00 To Center for Environmental Health Group, Inc. Environmental Health 2/26/2009 Center For A.D. Sutton & Sons, Inc. Reformulation $15,000.00 $0.00 $10,000.00 $5,000.00 To Center for Environmental Health Environmental Health 1/21/2009 Center For Pure & Simple Solutions, Reformulation $30,000.00 $1,000.00 $19,500.00 $9,500.00 To Center for Environmental Health LLP Environmental Health 3/4/2009 Center For Audiovox Corporation Reformulation $21,000.00 $14,000.00 $7,000.00 To Center for Environmental Health Environmental Health 2/3/2009 Center For ZM International, Inc. dba Reformulation $25,000.00 $16,750.00 $8,250.00 To Center for Environmental Health Kidorable Environmental Health 2/26/2009 Center For Fashion Accessory Reformulation $45,000.00 $30,000.00 $15,000.00 To Center for Environmental Health Bazaar, LLC Environmental Health 3/18/2009 Center For Trimaco, LLC Reformulation $25,000.00 $16,750.00 $8,250.00 To Center for Environmental Health Environmental Health Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings.