60 Day Notice 2011-00536

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2011-00536
Notice PDF: 
PDF icon 2011-00536.pdf
Date Filed: 
06/07/2011
Noticing Party: 
As You Sow
Alleged Violators: 
Valspar Corporation
Chemicals: 
Ethylbenzene
Source: 
Varnish products

60-Day Notice Document

Civil Complaint
AG Number:
2011-00536
Complaint PDF: 
PDF icon 2011-00536C2368.pdf
Date Filed:
10/05/2011
Case Name: 
AYS v. Valspar
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-11-514882
Plaintiff: 
As You Sow
Defendant: 
Valspar Corporation
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
Robert S. Perlmutter
Contact Organization: 
Shute, Mihaly & Weinberger, LLP
Email Address:
perl@smwlaw.com
Address: 
396 Hayes Street
City, State, Zip:
San Francisco, CA 94102
Phone Number:
(415) 552-7272
Fax Number:
(415) 552-5816
Settlement
AG Number:
2011-00536
Settlement PDF: 
PDF icon 2011-00536S2003.pdf
Settlement Date:
01/17/2012
Case Name: 
AYS v. Valspar
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-11-514882
Plaintiff: 
As You Sow
Defendant: 
Valspar Corporation
Injunctive Relief: 
2. INJUNCTIVE RELIEF 2.1 Covered Products distributed or sold by Valspar after the Effective Date for sale or use in the State of California shall provide the following warning statement: "WARNING: This product contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm." 2.2 The warning statement required in Section 2.1 shall be prominently affixed to or printed on the Covered Product's packaging and labeling by Valspar and shall be displayed with such conspicuousness, as compared with other words, statements, designs, or devices on the Covered Product, or its packaging or labeling, as to render it likely to be read and understood by an ordinary individual under customary conditions of purchase or use. For purposes of this Section, a warning may be contained in the same section of the packaging and labeling that contains other safety warnings, if any, concerning the use of the Covered Product. The type size of the warning must be legible, but need not be any larger than any other warning provided for the Covered Product, and its relative size may take into account the nature, immediacy, and acuteness of the risks for which other warnings are provided.
*Non-Contingent Civil Penalty:
$ 12,000.00
Attorney(s) Fees and Costs:
$ 28,700.00
Payment in Lieu of Penalty:
$ 39,300.00  (In lieu of penalties, to As You Sow for grants to other 501(c)(3) California non-profits to reduce and educate about toxic exposures)
Total Payments:
$ 80,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Robert S. Perlmutter
Contact Organization: 
Shute, Mihaly & Weinberger, LLP
Email Address:
perl@smwlaw.com
Address: 
396 Hayes Street
City, State, Zip:
San Francisco, CA 94102
Phone Number:
(415) 552-7272
Fax Number:
(415) 552-5816

* 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.