60 Day Notice 2011-01008

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2011-01008
Notice PDF: 
PDF icon 2011-01008.pdf
Date Filed: 
11/17/2011
Noticing Party: 
As You Sow
Alleged Violators: 
Procter & Gamble Manufacturing Company
Chemicals: 
1,4-Dioxane
Source: 
Detergent

60-Day Notice Document

Settlement
AG Number:
2011-01008
Settlement PDF: 
PDF icon 2011-01008S2307.pdf
Settlement Date:
11/30/2012
Case Name: 
As You Sow v. The Proctor & Gamble Manufacturing Company
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-12-517674
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Ellison Folk
Defendant: 
The Proctor & Gamble Manufacturing Company
Injunctive Relief: 
Defendant agrees, with respect to all Covered Products, to the following injunctive relief. Defendant agrees to effect various modifications to the manufacturing protocol for the Covered Products so as to reduce the presence of 1,4 dioxane below a level of 25 parts per million (“ppm”). Such modifications will focus on lowering the temperature at which the surfactant paste is produced, improving equipment maintenance procedures, reducing SO3 concentrations, reducing residence times of the acid surfactant paste, or other measures to reduce the levels of 1,4 dioxane in the surfactants and are targeted for completion no later than September 30, 2013.
*Non-Contingent Civil Penalty:
$ 3,000.00
Attorney(s) Fees and Costs:
$ 45,000.00
Payment in Lieu of Penalty:
$ 7,000.00  (Defendant shall pay $7,000 in lieu of additional civil penalties in the form of a check made payable to “Shute, Mihaly & Weinberger LLP, Attorney Client Trust Account” with this amount to be used by AYS for grants to California non-profit organizations and by AYS Foundation 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 AYS 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 form 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’s mission statement, articles of incorporation, and bylaws and applicable state and federal laws and regulations. The check shall be delivered by overnight delivery to Ellison Folk, Shute, Mihaly & Weinberger LLP, 396 Hayes Street, San Francisco, CA 94102. )
Total Payments:
$ 55,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Ellison Folk
Contact Organization: 
Shute, Mihaly & Weinberger LLP
Email Address:
folk@smwlaw.com
Address: 
396 Hayes Street
City, State, Zip:
San Francisco, CA 94102
Phone Number:
415-552-7272
Fax Number:
415-552-5816
Judgment
AG Number:
2011-01008
Judgment PDF: 
PDF icon 2011-01008J1855.pdf
Judgment Date:
01/22/2013
Settlement reported to AG: 
Tue, 01/22/2013
Case Name: 
As You Sow v. The Procter & Gamble Manufacturing Company
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-12-517674
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Ellison Folk
Defendant: 
The Procter & Gamble Manufacturing Company
Injunctive Relief: 
Defendant agrees, with respect to all Covered Products, to the following injunctive relief. 2.1 Defendant agrees to effect various modifications to the manufacturing protocol for the Covered Products so as to reduce the presence of 1,4 dioxane below a level of 25 parts per million ("ppm"). Such modifications will focus on lowering the temperature at which the surfactant paste is produced, improving equipment maintenance procedures, reducing S03 concentrations, reducing residence times of the acid surfactant paste, or other measures to reduce the levels of 1,4 dioxane in the surfactants and are targeted for completion no later than September 30,2013.
*Non-Contingent Civil Penalty:
$ 3,000.00
Attorney(s) Fees and Costs:
$ 45,000.00
Payment in Lieu of Penalty:
$ 7,000.00  ((b) Defendant shall pay $7,000 in lieu of additional civil penalties in the form of a check made payable to "Shute, Mihaly & Weinberger LLP, Attorney Client Trust Account" with this amount to be used by AYS for grants to California non-profit organizations and by AYS Foundation 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 AYS 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 form 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's mission statement, articles of incorporation, and bylaws and applicable state and federal laws and regulations. The check shall be delivered by ovemight delivery to Ellison Folk, Shute, Mihaly & Weinberger LLP, 396 Hayes Street, San Francisco, CA 94102.)
Total Payments:
$ 55,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Ellison Folk
Contact Organization: 
Shute, Mihaly & Weinberger LLP
Email Address:
folk@smwlaw.com
Address: 
396 Hayes Street
City, State, Zip:
San Francisco, CA 94102
Phone Number:
415-552-7272

* 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.