Settlement Date:
12/14/2012
Case Name:
As You Sow v. DGL Group Ltd.
Court Name:
San Francisco Superior Court
Injunctive Relief:
2. INJUNCTIVE RELIEF: WARNINGS OR REFORMULATION
Defendant agrees, with respect to all Covered Products, to the following injunctive relief.
2.1 Reformulation. Defendant agrees that 180 days after the Effective Date all Covered Products that are imported, manufactured, packaged, distributed, or marketed for sale in California will be reformulated in a manner consistent with the requirements of Health and Safety Code section 108939, so as not to contain DEHP or DBP in concentrations exceeding 0.1% or 1000 parts per million. In reformulating the Products to remove DEHP and DBP, Defendant may not replace DEHP with DBP, DBP with DEHP, or either chemical with butyl benzyl phthalate (“BBP”), di-n-hexyl phthalate (“DnHP”), or di-isodecyl phthalate (“DIDP”) in amounts of more than 0.1%. Defendant may rely on a reasonable testing program to determine whether the products comply with this Paragraph 2.1, provided that any product testing uses EPA Method 8270/8270 SIMs or Consumer Product Safety Improvement Act method CPSC-CH-C1001-09.3 to assess DEHP content by weight of a solid substance This injunction shall not apply to any Covered Products that have been imported, manufactured, packaged, distributed, shipped or sold by Defendant on or before 180 days after the Effective Date.
2.2 Availability of Test Data: Defendant shall retain copies of its test data for a period of three years from the date testing commenced and shall provide all test data for the Covered Products to As You Sow within 10 business days of a written request for such test data.
*Non-Contingent Civil Penalty:
$ 5,000.00
Attorney(s) Fees and Costs:
$ 20,000.00
Payment in Lieu of Penalty:
$ 15,000.00 (In lieu of additional civil penalties, Defendant shall also pay $15,000 in the form of a check made payable to “Shute, Mihaly & Weinberger Trust Account,” with this amount to be used by As You Sow for grants to California non-profit organizations and by the AYS Environmental Enforcement Fund. These funds shall be used to reduce exposures to toxic chemicals and to increase consumer, worker and community awareness of the health hazards posed by toxic chemicals in California. In deciding among the grantee proposals, the As You Sow Board of Directors (“Board”) takes into consideration a number of important factors, including: (1) the nexus between the harm done in the underlying case(s), and the grant program work; (2) the potential for toxics reduction, prevention, remediation or education benefits to California citizens from the proposal; (3) the budget requirements of the proposed grantee and the alternate funding sources available to it for its project; and (4) the Board’s assessment of the grantee’s chances for success in its program work. AYS shall ensure that all funds will be disbursed and used in accordance with AYS’ mission statement, articles of incorporation, and bylaws and applicable state and federal laws and regulations. Both checks shall be delivered by overnight delivery to Robert S. Perlmutter, Shute, Mihaly & Weinberger LLP, 396 Hayes Street, San Francisco, CA 94102.)
Total Payments:
$ 40,000.00
Will settlement be submitted to court?
Contact Organization:
Shute, Mihaly & Weinberger LLP
City, State, Zip:
San Francisco, CA 94102
Phone Number:
415-552-7272
