Judgment Date:
04/17/2023
Settlement reported to AG:
Case Name:
Consumer Advocacy Group, Inc v. Mitsuwa Corporation
Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Injunctive Relief:
After the Effective Date, Defendant shall not import, 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 20
parts per billion (“ppb”), unless Proposition 65 compliant warnings are used as set forth in the
following paragraphs. For any Covered Products that exceeds their respective levels of Lead that
are placed into the stream of commerce in California after the Effective Date, Defendant must
provide a Proposition 65 compliant warning for the Covered Products as set forth below. 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. Where the packaging of the
Covered Product includes consumer information as defined by California Code of Regulations
title 27 §25600.1(c) in a language other than English, the warning must also be provided in that
language in addition to English. For any Covered Products still existing in the Defendant's
inventory as of the Effective Date, Defendant shall place a Proposition 65 compliant warning on
them, unless the Covered Products does not exceed their respective level of Lead. Any warning
provided pursuant to this section shall comply with the warning requirements under Section 3.2
above. For any Covered Product where the Defendant uses a consumer product sign, or label, to
provide a warning, which includes consumer information in a language other than English, the
warning must also be provided in that foreign language in addition to English. 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. Changes in the law and regulations applicable to Prop 65 occurring after
this date shall be incorporated into the terms of this Consent Judgment.
*Non-Contingent Civil Penalty:
$ 17,152.00
Attorney(s) Fees and Costs:
$ 150,000.00
Payment in Lieu of Penalty:
$ 12,848.00 (Defendant shall make a separate payment, in the amount of twelve thousand eight
hundred and forty-eight dollars ($12,848.00) 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/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. 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:
$ 180,000.00
Is Judgment Pursuant to Settlement?
Contact Organization:
Yeroushalmi & Yeroushalmi Law Firm
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
