60 Day Notice 2013-00799

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2013-00799
Notice PDF: 
PDF icon 2013-00799.pdf
Date Filed: 
08/29/2013
Noticing Party: 
As You Sow
Plaintiff Attorney: 
Ellison Folk
Alleged Violators: 
MegaMex Foods, LLC
Market 5201, LLC
Andronico's Community Markets
Hormel Foods Corporation
Chemicals: 
Lead
Source: 
Zaaschila brand Salsa Habanero - Mexican Homestyle Salsa
Bufalo brand Picante Bufalo - Salsa Picanta Clasica (Clasica Mexican Hot)
Bufalo brand Picante Bufalo - Salsa Chilpotle (Chilpotle Mexican Hot Sauce)
Bufalo brand Picante Bufalo - Salsa Jalapeno Rojo (Jalapeno Mexican Hot Sauce)

60-Day Notice Document

Civil Complaint
AG Number:
2013-00799
Complaint PDF: 
PDF icon 2013-00799C3479.pdf
Date Filed:
11/24/2014
Case Name: 
AS YOU SOW v. HORMEL FOOD CORPORATION, et al.
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-14-542879
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Ellison Folk/Laura D. Beaton; Shute, Mihaly & Weinberger LLP
Defendant: 
Hormel Foods Corporation
MegaMex Foods, LLC
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Injunctive Relief
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
Settlement
AG Number:
2013-00799
Settlement PDF: 
PDF icon 2013-00799S3843.pdf
Settlement Date:
12/02/2014
Case Name: 
AS YOU SOW v. HORMEL FOODS CORPORATION, et al.
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-14-542879
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Ellison Folk
Laura D. Beaton
Defendant: 
Hormel Foods Corporation
MegaMex Foods, LLC
Injunctive Relief: 
MEGAMEX agrees that it will: (1) change the serving size on the Covered Products’ labels from 1 tablespoon to 1 teaspoon, to the extent it has not done so already; and (2) source chilies only from suppliers that (a) use good agricultural and manufacturing practices and (b) employ quality control measures, as those terms are used in Title 21, Code of Federal Regulations, section 110.110, subdivision (c) and section 110.80, to reduce contamination by lead to the lowest level currently feasible; MEGAMEX further agrees that it will not market, sell, or distribute any Covered Product in California that has a lead concentration in excess of 0.06 parts per million (“Maximum Lead Level”), unless such Covered Product carries the warning set forth below in this paragraph 2.2. This concentration is dependent upon the serving size set forth in paragraph 2.1(1) above; unless required by applicable federal or state law, the serving size may not be changed without agreement by the parties. Should any product sold in California contain concentrations of lead above this level, the product shall carry the following warning: “WARNING: This product contains chemicals known to the State of California to cause birth defects or other reproductive harm.” If the level of lead in the product sold in California will result in an exposure in excess of the “no significant risk level” established under Proposition 65 for lead, MEGAMEX shall use the following warning: “WARNING: This product contains chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm.”
*Non-Contingent Civil Penalty:
$ 26,000.00
Attorney(s) Fees and Costs:
$ 48,000.00
Payment in Lieu of Penalty:
$ 26,000.00  (To be used by As You Sow for grants to California non-profit organizations and As You Sow Environmental Enforcement Fund.)
Total Payments:
$ 100,000.00
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:
2013-00799
Judgment PDF: 
PDF icon 2013-00799J2507.PDF
Judgment Date:
02/25/2015
Settlement reported to AG: 
Tue, 12/02/2014
Case Name: 
AS YOU SOW v. HORMEL FOODS CORPORATION, et al.
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-14-542879
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Ellison Folk
Defendant: 
Hormel Foods Corporation
MegaMex Foods, LLC
Injunctive Relief: 
2.1 MEGAMEX agrees that it will: (1) change the serving size on the Covered Products’ labels from 1 tablespoon to 1 teaspoon, to the extent it has not done so already; and (2) source chilies only from suppliers that (a) use good agricultural and manufacturing practices and (b) employ quality control measures, as those terms are used in Title 21, Code of Federal Regulations, section 110.110, subdivision (c) and section 110.80, to reduce contamination by lead to the lowest level currently feasible; 2.2 MEGAMEX further agrees that it will not market, sell, or distribute any Covered Product in California that has a lead concentration in excess of 0.06 parts per million (“Maximum Lead Level”), unless such Covered Product carries the warning set forth below in this paragraph 2.2. This concentration is dependent upon the serving size set forth in paragraph 2.1(1) above; unless required by applicable federal or state law, the serving size may not be changed without agreement by the parties. Should any product sold in California contain concentrations of lead above this level, the product shall carry the following warning: “WARNING: This product contains chemicals known to the State of California to cause birth defects or other reproductive harm.” If the level of lead in the product sold in California will result in an exposure in excess of the “no significant risk level” established under Proposition 65 for lead, MEGAMEX shall use the following warning: “WARNING: This product contains chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm.”
*Non-Contingent Civil Penalty:
$ 26,000.00
Attorney(s) Fees and Costs:
$ 48,000.00
Payment in Lieu of Penalty:
$ 26,000.00  (This amount is to be used by As You Sow for grants to California non-profit organizations and by the As You Sow Enforcement Fund. These funds shall be used to reduce or remediate exposures to toxic chemicals and to increase consumer, worker, and community awareness of the health hazards posed by toxic chemicals in California via As You Sow's program work.)
Total Payments:
$ 100,000.00
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
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.