60 Day Notice 2011-00177

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2011-00177
Notice PDF: 
PDF icon 2011-00177.pdf
Date Filed: 
03/03/2011
Noticing Party: 
Mateel Environmental Justice Foundation
Alleged Violators: 
Anthropologie, Inc.
Chemicals: 
Lead and lead compounds
Source: 
Brass components

60-Day Notice Document

Civil Complaint
AG Number:
2011-00177
Complaint PDF: 
PDF icon 2011-00177C2085.pdf
Date Filed:
06/08/2011
Case Name: 
MEJF v. Anthropologie, Inc.
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-11-511552
Plaintiff: 
Mateel Environmental Justice Foundation
Plaintiff Attorney: 
William Verick
David Williams
Brian Acree
Fredric Evenson
Defendant: 
Anthropologie, 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:
2011-00177
Settlement PDF: 
PDF icon 2011-00177S2091.pdf
Settlement Date:
06/05/2012
Case Name: 
MEJF v. Anthrolpologie, Inc.
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-11-511552
Plaintiff: 
Mateel Environmental Justice Foundation
Plaintiff Attorney: 
William Verick
David Williams
Brian Acree
Fredric Evenson
Defendant: 
ANTHROPOLOGIE, INC.
Injunctive Relief: 
Covered Products shall be deemed to comply with Proposition 65 and be exempt from any Proposition 65 warning requirements with respect to exposures to lead and lead compounds if the brass that is part of the Covered Products meets the following criteria: (a) for Leaded Brass Products or Galvanized Products, the alloy from which the products are made, or the galvanizing solution in which the products are submerged, shall have a lead content by weight of no more than 0.03% (300 parts per million, or "300 ppm"), (b) for Painted Glassware, the paint used in must contain no intentionally added lead, and in no event have a lead content of more than .03% (300 parts per million, or "300 ppm"). Covered Products that do not meet the warning exemption standard set forth in Section 7.1 of the Settlement Agreement shall be accompanied by WARNINGS.
*Non-Contingent Civil Penalty:
$ 6,000.00
Attorney(s) Fees and Costs:
$ 40,000.00
Payment in Lieu of Penalty:
$ 12,000.00  (Within five days after the Court enters this Settlement Agreement, Anthropologie shall pay $6,000 to the Ecological Rights Foundation ("ERF") and $6,000 to Californians for Alternatives to Toxics ("CATs"). Both organizations are California non-profit tax exempt organizations. These payments are to be used by ERF and CATs to inform Californians about toxic chemic';lls or to eliminate or reduce exposures to toxic chemicals. Anthropologie shall also pay $6,000 in civil penalties. Mateel waives its entitlement to 25% of this amount, and thus the entire amount of civil penalties shall be made payable, pursuant to the statute, to the Office of Environmental Health Hazard Assessment (OEHHA).)
Total Payments:
$ 58,000.00
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:
2011-00177
Judgment PDF: 
PDF icon 2011-00177J1785.pdf
Judgment Date:
09/26/2012
Settlement reported to AG: 
Wed, 09/26/2012
Case Name: 
MEJF v. Anthropologie, Inc.
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-11-511552
Plaintiff: 
Mateel Environmental Justice Foundation
Plaintiff Attorney: 
William Verick
David Williams
Fredric Evenson
Brian Acree
Defendant: 
ANTHROPOLOGIE, INC.
Injunctive Relief: 
Covered Products shall be deemed to comply with Proposition 65 and be exempt from any Proposition 65 warning requirements with respect to exposures to lead and lead compounds if the brass that is part of the Covered Products meets the following criteria: (a) for Leaded Brass Products or Galvanized Products, the alloy from which the products are made, or the galvanizing solution in which the products are submerged, shall have a lead content by weight of no more than 0.03% (300 parts per million, or "300ppm"), (b) for Painted Glassware, the paint used in must contain no intentionally added lead, and in no event have a lead content of more than .03% (300 parts per million, or "300 ppm").Covered Products that do not meet the warning exemption standard set forth in Section 7.1 of the Settlement Agreement shall be accompanied by a warning as described in paragraph 7.3
*Non-Contingent Civil Penalty:
$ 6,000.00
Attorney(s) Fees and Costs:
$ 40,000.00
Payment in Lieu of Penalty:
$ 12,000.00  (Within five days after the Court enters this Settlement Agreement, Anthropologie shall pay $6,000 to the Ecological Rights Foundation ("ERF") and $6,000 to Californians for Alternatives to Toxics ("CATs"). Both organizations are California non-profit tax exempt organizations. These payments are to be used by ERF and CATs to inform Californians about toxic chemicals or to eliminate or reduce exposures to toxic chemicals. Anthropologie shall also pay $6,000 in civil penalties. Mateel waives its entitlement to 25% of this amount, and thus the entire amount of civil penalties shall be made payable, pursuant to the statute, to the Office of Environmental Health Hazard Assessment (OEHHA).)
Total Payments:
$ 58,000.00
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.