60 Day Notice 2015-00110

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2015-00110
Notice PDF: 
PDF icon 2015-00110.pdf
Date Filed: 
02/11/2015
Noticing Party: 
As You Sow
Plaintiff Attorney: 
Ellison Folk
Alleged Violators: 
The Hershey Company
See's Candies, Inc.
Mars, Inc.
Chemicals: 
Cadmium
Lead
Source: 
Scharffen Berger Semisweet Fine Artisan Dark Chocolate (Bar) (62% Cacao) which is manufactured, distributed, and/or sold in California by the Hershey Company
Scharffen Berger Extra Dark Fine Artisan Dark Chocolate (Bar) (82% Cacao), which is manufactured, distributed, and/or sold in California by the Hershey Company
Dove Silky Smooth Dark Chocolate (Bar), which is manufactured, distributed, and/or sold in California by Mars, Inc.
See's Candies Premium Extra Dark Chocolate 62% Cacao (Bar), which is manufactured, distributed, and/or sold in California by See's Candies, Inc.

60-Day Notice Document

Settlement
AG Number:
2015-00110
Settlement PDF: 
PDF icon 2015-00110S6243.pdf
Settlement Date:
12/19/2017
Case Name: 
As You Sow v. Trader Joe's et al.
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-15-548791
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Ellison Folk
Defendant: 
The Hershey Company
Mars, Inc.
Injunctive Relief: 
Warnings/Investigative Committee/Compliance Testing
*Non-Contingent Civil Penalty:
$ 22,000.00
Attorney(s) Fees and Costs:
$ 900,000.00
Payment in Lieu of Penalty:
$ 3,875.00  (Penalties and In-lieu are on a sliding scale relative to company size. The total amount of in-lieu payments and payments for the compliance testing program are equal to 75% of total civil penalties. )
Total Payments:
$ 925,875.00
Will settlement be submitted to court?
Yes
Contact Name: 
Ellison Folk
Contact Organization: 
Shute, Mihaly & Weinberger LLP
Email Address:
folk@smwlaw.com
Address: 
396 Hayes Street
City, State, Zip:
San Francisco, CA 94102
Phone Number:
(415) 552-7272
Fax Number:
(415) 552-5816
Judgment
AG Number:
2015-00110
Judgment PDF: 
PDF icon 2015-00110J3732.PDF
Judgment Date:
02/15/2018
Settlement reported to AG: 
Tue, 12/19/2017
Case Name: 
As You Sow v. Trader Joe's et al.
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-15-548791
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Ellison Folk
Defendant: 
The Hershey Company
Mars, Inc.
Injunctive Relief: 
Warnings/Investigative Committee/Compliance Testing
*Non-Contingent Civil Penalty:
$ 22,000.00
Attorney(s) Fees and Costs:
$ 900,000.00
Payment in Lieu of Penalty:
$ 3,875.00  (Penalties and in-lieu are on a sliding scale relative to company size. The total amount of in-lieu payments and payments for the compliance testing program are equal to 75% of total civil penalties.)
Total Payments:
$ 925,875.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Ellison Folk
Contact Organization: 
Shute, Mihaly & Weinberger LLP
Email Address:
folk@smwlaw.com
Address: 
396 Hayes Street
City, State, Zip:
San Francisco, CA 94102
Phone Number:
(415) 552-7272
Fax Number:
(415) 552-5816

* A non-contingent civil penalty is the civil penalty that must be paid pursuant to the settlement, regardless of future events or actions of the defendant. If a settlement includes a contingent penalty, the plaintiff should report the additional penalty amount when it becomes due.