60 Day Notice 2010-00085

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2010-00085
Notice PDF: 
PDF icon 2010-00085.pdf
Date Filed: 
03/10/2010
Noticing Party: 
Mateel Environmental Justice Foundation
Alleged Violators: 
Amazon.com, Inc.
Do It Best Corporation
H.D. Hudson Mfg. Company
Orchard Supply Hardware Stores Corporation
Wal-Mart Stores, Inc.
Chemicals: 
Lead
Source: 
Brass hose nozzles

60-Day Notice Document

Civil Complaint
AG Number:
2010-00085
Complaint PDF: 
PDF icon 2010-00085C1703.pdf
Date Filed:
06/21/2010
Case Name: 
MEJF v. H.D. Hudson Manufacturing Company et al
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-10-500847
Plaintiff: 
Mateel Environmental Justice Foundation
Plaintiff Attorney: 
William Verick
David Williams
Fredric Evenson
Brian Acree
Defendant: 
H.D. HUDSON MANUFACTURING COMPANY
DO IT BEST CORP
AMAZON.COM, INC.
ORCHARD SUPPLY HARDWARE STORES
WAL-MART STORES, INC.
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
William Verick
Contact Organization: 
Klamath Environmental Law Center
Email Address:
wverick@igc.org
Address: 
424 First Street
City, State, Zip:
Eureka, CA 95501
Phone Number:
(707) 268-8900
Fax Number:
(707) 268-8901
Comments: 
Settlement
AG Number:
2010-00085
Settlement PDF: 
PDF icon 2010-00085S2526.pdf
Settlement Date:
02/12/2013
Case Name: 
MEJF v. H.D. Hudson Manufacturing Company, et al.
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-10-500847
Plaintiff: 
MATEEL ENVIRONMENTAL JUSTICE FOUNDATION
Plaintiff Attorney: 
William Verick
David Williams
Fredric Evenson
Brian Acree
Defendant: 
H.D. HUDSON MANUFACTURING COMPANY
Injunctive Relief: 
Covered Products shall be deemed to comply with the warning requirements of Proposition 65 for lead and lead compounds (H&S Code 25249.6), and be exempt from any Proposition 65 warning requirements for these listed chemicals if the brass that is part of the Covered Products is made of an alloy which contains no intentionally added lead and no lead content by weight of more than 0.03% ("300 parts per million," or "300 ppm"). As to Covered Products that do not meet the warning exemption standard set forth in Sections 7.1 of this Consent Judgment ("Non-Reformulated Covered Products"), Defendant Hudson shall ensure that all such Non-Reformulated Covered Products it knows or has reason to believe are offered for sale in California shall be accompanied by a warning as described in paragraph 7.3 below. The warning requirements set forth in paragraph 7.3 shall apply only to products a Defendant Hudson manufactures, distributes, markets, sells or ships after the Effective Date for sale or use inside the State of California.
*Non-Contingent Civil Penalty:
$ 55,000.00
Attorney(s) Fees and Costs:
$ 900,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 955,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
William Verick
Contact Organization: 
Klamath Environmental Justice Foundation
Email Address:
wverick@igc.org
Address: 
424 First Street
City, State, Zip:
Eureka, CA 95501
Phone Number:
707-268-8900
Fax Number:
707-268-8901
Judgment
AG Number:
2010-00085
Judgment PDF: 
PDF icon 2010-00085J1771.pdf
Judgment Date:
03/22/2013
Settlement reported to AG: 
Tue, 02/12/2013
Case Name: 
MEJF v. H.D. Hudson Manufacturing Company, et al.
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-10-500847
Plaintiff: 
Mateel Environmental Justice Foundation
Plaintiff Attorney: 
William Verick
David Williams
Fredric Evenson
Brian Acree
Defendant: 
H.D. HUDSON MANUFACTURING COMPANY
Injunctive Relief: 
"Covered Products shall be deemed to comply with the warning requirements of Proposition 65 for lead and lead compounds (H&S Code 25249.6), and be exempt from any Proposition 65 warning requirements for these listed chemicals if the brass that is part of the Covered Products is made of an alloy which contains no intentionally added lead and no lead content by weight of more than 0.03% ("300 parts per million," or "300 ppm"). As to Covered Products that do not meet the warning exemption standard set forth in Sections 7.1 of this Consent Judgment ("Non-Reformulated Covered Products"), Defendant Hudson shall ensure that all such Non-Reformulated Covered Products it knows or has reason to believe are offered for sale in California shall be accompanied by a warning as described in paragraph 7.3 below. The warning requirements set forth in paragraph 7.3 shall apply only to products a Defendant Hudson manufactures, distributes, markets, sells or ships after the Effective Date for sale or use inside the State of California. 7.3 For Non-Reformulated Covered Products, Defendant Hudson shall provide Proposition 65 warnings..."
*Non-Contingent Civil Penalty:
$ 41,250.00
Attorney(s) Fees and Costs:
$ 900,000.00
Payment in Lieu of Penalty:
$ 13,750.00  (In settlement of all of the claims referred to in this Consent Judgment, Defendant H.D. Hudson shall pay the following: H.D. Hudson shall pay a total of $55,000 in civil penalties. Of the $55,000 in civil penalties, Defendants shall pay a total of $41,250 to the Office of Environmental Health Hazard Assessment ("OEHHA"), and pursuant to Health & Safety Code§ 25249.12(d), $13,750 shall be paid to Californians for Alternatives to Toxics, which is the designated recipient of plaintiff's share of the civil penalties.)
Total Payments:
$ 955,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
William Verick
Contact Organization: 
Klamath Environmental Justice Foundation
Email Address:
wverick@igc.org
Address: 
424 First Street
City, State, Zip:
Eureka, CA 95501
Phone Number:
707-268-8900
Fax Number:
707-268-8901

* A non-contingent civil penalty is the civil penalty that must be paid pursuant to the settlement, regardless of future events or actions of the defendant. If a settlement includes a contingent penalty, the plaintiff should report the additional penalty amount when it becomes due.