Settlement Date:
05/22/2012
Case Name:
CAG v. Kenney Manufacturing Co., Inc.
Plaintiff:
Consumer Advocacy Group, Inc.
Defendant:
Kenney Manufacturing Co., Inc.
Injunctive Relief:
Kenney, agrees, promises, and represents that by the tenth day after the Effective Date of this Settlement Agreement, it will reformulate the Covered Products to a point where the level of DEHP in the Covered Products does not exceed 0.1% and the level of DBP in the Covered Products does not exceed 0.1%. If Kenney chooses not to reformulate, it has the option to provide warnings on such Covered Products that comply with Prop 65. The warnings shall be provided in such a conspicuously and prominent manner that will assure the message is made available and likely to be read, seen, or heard by the consumer prior to or at the time of the sale or purchase. The Parties agree that product labeling stating that: "This product contains chemicals known to the State of California to cause cancer, and/or birth defects, and/ or other productive harm" shall constitute compliance with Prop 65 with respect to the Listed Chemicals in the Covered Products for any Covered Product in inventory that had not been reformulated and were distributed and/ or sold by Releases or Downstream Releases after the Effective Date.
*Non-Contingent Civil Penalty:
$ 1,000.00
Attorney(s) Fees and Costs:
$ 38,000.00
Payment in Lieu of Penalty:
$ 6,000.00 (CAG uses the funds obtained from settlements for such projects and purposes related to environmental protection, worker health and safety, or reduction of human exposure to hazardous substances (including administrative and litigation costs arising from such projects).)
Total Payments:
$ 45,000.00
Will settlement be submitted to court?
Contact Organization:
Yeroushalmi and Associates
Address:
9100 Wilshire Blvd., Suite 610 E
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
Fax Number:
(310) 623-1930
