Settlement Date:
12/15/2017
Case Name:
CAG V. ALMAR SALES COMPANY, INC.
Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Defendant:
VIVA BARGAIN CENTER, INC.
VIVA BARGAIN CENTER
CRAZY Q BARGAIN
ATLAPAC TRADING COMPANY, INC.
LA LUO CHENG, INC.
ACME FOOD SALES, INC.
TRANSNATIONAL FOODS, INC.
Injunctive Relief:
ACME shall not sell, offer for sale in California, or ship
for sale in California any Covered Products unless the level of Lead does not exceed 40 parts per
billion (“ppb”) and the level of Cadmium does not exceed 85 ppb. For any Covered Products
that exceed those respective levels of Lead or Cadmium that are sold in California after the
Effective Date, ACME must provide a Proposition 65 compliant warning for the Covered
Product
*Non-Contingent Civil Penalty:
$ 24,580.00
Attorney(s) Fees and Costs:
$ 87,000.00
Payment in Lieu of Penalty:
$ 18,420.00 (CAG will use this payment as follows,
eighty five percent (85%) for fees of investigation, purchasing and testing for Proposition 65
Listed Chemicals in various products, and for expert fees for evaluating exposures through
various mediums, including but not limited to consumer product, occupational, and
environmental exposures to Proposition 65 Listed Chemicals, and the cost of hiring consulting
and retaining experts who assist with the extensive scientific analysis necessary for those files in
litigation and to offset the costs of future litigation enforcing Proposition 65 but excluding
attorney fees; fifteen percent (15%) for administrative costs incurred during investigation and
litigation to reduce the public’s exposure to Proposition 65 Listed Chemicals by notifying those
persons and/or entities believed to be responsible for such exposures and attempting to persuade
those persons and/or entities to reformulate their products or the source of exposure to
completely eliminate or lower the level of Proposition 65 Listed Chemicals including but not
limited to costs of documentation and tracking of products investigated, storage of products,
website enhancement and maintenance, computer and software maintenance, investigative
equipment, CAG’s member’s time for work done on investigations, office supplies, mailing
supplies and postage.)
Total Payments:
$ 130,000.00
Will settlement be submitted to court?
Contact Organization:
YEROUSHALMI & YEROUSHALMI
Address:
9100 WILSHIRE BLVD. SUITE 240W
City, State, Zip:
BEVERLY HILLS, CA 90212
Phone Number:
(310) 623-1926
