Settlement Date:
02/26/2024
Case Name:
Consumer Advocacy Group, Inc. v. Midland Hardware Co. No. 4
Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Injunctive Relief:
3.1 After the Effective Date, Kittrich 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.
3.2 Any Covered Products that Kittrich sells, distributes, or ships into California after
the Effective Date that were ordered prior to the Effective Date, must contain a clear and
reasonable warning for cancer, 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. 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. Defendant will not sell
or distribute the Covered Product in existing inventory for sale over the internet without
providing a warning 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. Where a label used
for a Covered Product in existing inventory that exceeds 0.1% of the Listed Chemical includes
consumer information as defined by California Code of Regulations Title 27 Section 25600.1(c)
in a language other than English, the warning must be provided in that language in addition to
English.
3.3 Covered Products already distributed to Downstream Releasees prior to the
Effective Date may continue to be sold through as is.
*Non-Contingent Civil Penalty:
$ 57,156.00
Attorney(s) Fees and Costs:
$ 325,000.00
Payment in Lieu of Penalty:
$ 42,844.00 (Kittrich shall issue one check for forty-two
thousand and eight hundred forty-four dollars ($42,844.00) 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 Chemical 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 Chemical 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:
$ 425,000.00
Will settlement be submitted to court?
Contact Organization:
Yeroushalmi & Yeroushalmi Law Firm
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
