Judgment Date:
09/12/2019
Settlement reported to AG:
Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Injunctive Relief:
After the Effective Date, Defendant shall not sell in California, offer for sale in
California, or ship for sale in California any Covered Products unless the concentration level of
DEHP or DINP is less than 0.1 % by weight (1,000 parts per million).
For any Covered Products still existing in the Defendants’ inventory as of the
Effective Date, Defendant shall place a Proposition 65 compliant warning on them. 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 Parties agree that
the following warning language shall constitute compliance with Proposition 65 with respect tothe alleged DEHP or DINP in the Covered Products in the Defendants’ inventory as of the
Effective Date distributed and/or sold by any Defendant after the Effective Date: WARNING: Consuming this product can expose you to DEHP and DINP which are known to the State of California to cause cancer
and DEHP which is known to the State of California to cause birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov.
*Non-Contingent Civil Penalty:
$ 5,720.00
Attorney(s) Fees and Costs:
$ 100,000.00
Payment in Lieu of Penalty:
$ 4,280.00 (This is an additional settlement payment to Consumer Advocacy Group, Inc. ("CAG"). Defendant will issue a separate check to CAG for the Additional Settlement Payment. CAG will use this payment as follows: 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. 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:
$ 110,000.00
Is Judgment Pursuant to Settlement?
Contact Organization:
Yeroushalmi & Yeroushalmi
Address:
9100 Wilshire Blvd. Suite 240w
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
