Judgment Date:
05/10/2023
Settlement reported to AG:
Case Name:
Consumer Advocacy Group, Inc v. Numero Uno Markets, et al.
Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc
Defendant:
GP De Silva Spices, Inc.
Miravalle Foods, Inc.
Injunctive Relief:
After the Effective Date, Defendant Miravalle Foods, Inc. shall not sell in California, offer for sale in California, or ship for sale in California any Covered Products unless the level of Lead does not exceed 550 parts per billion ("ppb"), and the level of Arsenic does not exceed 20 ppb unless Propisition 65 compliant warnings are set forth in the following paragraphs. For any Covered Products that exceeds their respective levels of Lead, or Arsenic that are placed into the stream of commerce in California after the Effective Date, Defendant Miravalle Foods, Inc. must provide a Proposition 65 compliant warning consistent with 27 California Code of Regulations (“CCR”) Section 25600 etseq for the Covered Products. Any warning provided pursuant to this section shall be affixed to the packaging of, or directly on, 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. The warning must be set off from other surrounding information, enclosed in a box. The Parties agree that warning language consistent with 27 California Code of Regulations (“CCR”) Section 25600 et seq shall constitute compliance with Proposition 65 with respect to the alleged Lead and Arsenic in the Covered Products placed into the steam of commerce by Defendant Miravalle Foods, Inc., after the Effective Date. For any Covered Products still existing in the Defendant Miravalle Foods, Inc.’s inventory as of the Effective Date, Defendant Miravalle Foods, Inc. shall place a Proposition 65 compliant warning on them, unless the Covered Products does not exceed their respective levels of Lead, or Arsenic.
*Non-Contingent Civil Penalty:
$ 14,900.00
Attorney(s) Fees and Costs:
$ 104,000.00
Payment in Lieu of Penalty:
$ 11,100.00 (Defendant shall make a separate payment, in the amount of eleven thousand one hundred dollars ($11,100.00) as an additional settlement payment to “Consumer Advocacy Group, Inc.” pursuant to Health & Safety Code §25249.7(b) and California Code of Regulations, Title 11 § 3203(d). Defendant will issue a separate check to CAG for the Additional Settlement Payment. CAG will use this payment as follows, eighty percent (80%) 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; twenty percent (20%) for administrative costs incurred during investigation and litigation to reduce the public’s exposure to Proposition 65 listed chemicals by notifying those persons and/oi 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. 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:
$ 130,000.00
Is Judgment Pursuant to Settlement?
Contact Organization:
Yeroushalmi & Yeroushalmi Law Firm
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
