Judgment Date:
10/20/2023
Settlement reported to AG:
Case Name:
Consumer Advocacy Group, Inc. v. Burlington Coat Factory...
Court Name:
Alameda County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Defendant:
Burlington Coat Factory of Texas, Inc.
Injunctive Relief:
After the Effective Date, Settling Defendants shall not order any Covered Products for sale into
California, with any component that contains the Listed Chemical(s) in excess of 0.1% (1,000
parts per million) by weight. Any Covered Products that Settling Defendant sells, distributes, or
ships for sale into California after the Effective date that were ordered prior to the Effective Date
must contain a clear and reasonable warning, consistent with 27 CCR section 25600 et seq.,
unless it contains no more than 0.1% by weight (1,000 ppm) of the Listed Chemical(s). Any
warnings provided pursuant to this Section 3.2 shall be affixed to the packaging of, or directly on,
or attached to the Covered Products, and be prominently placed with such conspicuousness as
compared with other words, statements, designs, or devices as to render it likely to be read and
understood by an ordinary individual under customary conditions before purchase or use. Should
Defendant sell or distribute any Covered Product through the internet or provide retail display
material, the warning will be posted at each point of display of the product or in the manner
provided for with respect to internet sales, as provided for in 27 CCR sections 25601 and 25602,
as they may be subsequently amended. Covered Products already distributed to Downstream
Defendant Releasees prior to the Effective Date may continue to be sold through as is.
*Non-Contingent Civil Penalty:
$ 10,360.00
Attorney(s) Fees and Costs:
$ 72,000.00
Payment in Lieu of Penalty:
$ 7,640.00 (Settling Defendant shall issue one check for seven thousand six hundred and forty
dollars ($7,640.00) to “Consumer Advocacy Group, Inc.” pursuant to Health & Safety Code §
25249.7(b) and California Code of Regulations, Title 11 § 3203(d). CAG will use this portion of
the Total Settlement Payment as follows, eighty percent (80%) for fees of investigation,
purchasing and testing for the Proposition 65 Listed Chemical 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 the Proposition 65 Listed Chemical, 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; twenty percent (20%) for administrative costs incurred
during investigation and litigation to reduce the public’s exposure to the 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 the 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. Within 30 days of a request from the
Attorney General, CAG shall provide to the Attorney General copies of documentation
demonstrating how the above funds have been spent. CAG shall be solely responsible for
ensuring the proper expenditure of such additional settlement payment.)
Total Payments:
$ 90,000.00
Is Judgment Pursuant to Settlement?
Contact Organization:
Yeroushalmi & Yeroushalmi Law Firm
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
