Judgment Date:
06/15/2023
Settlement reported to AG:
Case Name:
Consumer Advocacy Group, Inc v. Amazon.com Services, LLC
Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Defendant:
Korean Farm, Inc.
Rhee Bros, Inc.
Injunctive Relief:
3.1 The injunctive relief set forth herein will mirror the injunctive relief as set out in
the Consent Judgment between CAG and the California Rice Commission in the JCCP Action
and the Consent Judgment between CAG and Defendant Mercado Latino, Inc. in the 2013
Action. After the Effective Date, Defendants shall not, without the warning referenced below, sell in California, offer for sale in California, or ship for sale in California any Rice unless the level of Lead contained therein does not exceed 56 parts per billion (“ppb”).
3.2 For any Covered Products that exceeds 56 ppb for the Listed Chemical, that are
sold in California, offered for sale in California, or shipped for sale in California after the
Effective Date, Defendants must provide a Proposition 65 compliant warning for the Covered Products as set forth below. Nothing is intended herein to provide for a permanent warning on Defendants’ product if the concentration levels of Lead do not exceed 56 ppb. Any warning provided pursuant to this section shall be affixed to the packaging of, or directly on, the Covered Products, and be prominently placed with such conspicuousness as compared with other words, statements, designs, or devices as to render it likely to be read and understood by an ordinary individual under customary conditions before purchase or use. The warning must be set off from other surrounding information, enclosed in a box. Where the packaging of the Covered Product includes consumer information as defined by California Code of Regulations title 27 §25600.1(c)
in a language other than English, the warning must also be provided in that language in addition to English. Should Defendants sell any Covered Product through the internet, the warning will be posted in the manner provided for with respect to internet sales, as provided for in 27 CCR sections 25601 and 25602, as they may be subsequently amended. The Parties agree that the following warning language shall constitute compliance with Proposition 65 with respect to the alleged Lead, in the Covered Products sold, offered for sale, or shipped for sale in California by Defendants after the Effective Date:
WARNING: Consuming this product can expose you to chemicals including
Lead, which is known to the State of California to cause cancer and birth defects
or other reproductive harm. For more information go to
www.P65Warnings.ca.gov/food.
3.3 For any Covered Products still existing in the Defendants’ inventory as of the
Effective Date, that will be sold, offered for sale, or shipped for sale, in California,
Defendants shall place a Proposition 65 compliant warning on them, unless the Covered Products do not exceed their respective levels of Lead.
3.4 Defendants may use the short form warning language to sell through the Covered
Products that exceeds 56ppb of Lead for 120 days after the Effective Date. The language of the warning will be as follows:
WARNING: Cancer and Reproductive Harm -
www.P65Warnings.ca.gov
After 120 days Defendants shall only use the long form warning as specified in Paragraph
3.2 above for Covered Products that exceeds 56ppb of Lead.
*Non-Contingent Civil Penalty:
$ 8,580.00
Attorney(s) Fees and Costs:
$ 85,000.00
Payment in Lieu of Penalty:
$ 6,420.00 (Defendants shall make a separate payment, in the amount of six thousand four hundred and twenty dollars ($6,420.00) as an additional settlement payment to “Consumer Advocacy Group, Inc.” pursuant to Health & Safety Code § 25249.7(b) and California Code of Regulations, Title 11 § 3203(d). Defendants will issue a separate check to CAG for the Additional Settlement Payment. CAG will use this payment as follows, eighty five percent (85%) for fees of investigation, purchasing and testing for Proposition 65 listed chemicals in various products, and for expert fees for evaluating exposures through various mediums, including but not limited to consumer product, occupational, and environmental exposures to Proposition 65 listed chemicals, and the cost of hiring, consulting and retaining experts who assist with the extensive scientific analysis necessary for those files in litigation and to offset the costs of future litigation enforcing Proposition 65 but excluding attorney fees; fifteen percent (15%) for administrative costs incurred during investigation and litigation to reduce the public’s exposure to Proposition 65
listed chemicals by notifying those persons and/or entities believed to be responsible for such exposures and attempting to persuade those persons and/or entities to reformulate their products or the source of exposure to completely eliminate or lower the level of Proposition 65 listed chemicals including but not limited to costs of documentation and tracking of products investigated, storage of products, website enhancement and maintenance, computer and software maintenance, investigative equipment, CAG’s member’s time for work done on investigations, office supplies, mailing supplies and postage. Within 30 days of a request from the Attorney General, CAG shall provide to the Attorney General copies of documentation demonstrating how the above funds have been spent. CAG shall be solely responsible for ensuring the proper expenditure of such additional settlement payment.)
Total Payments:
$ 100,000.00
Is Judgment Pursuant to Settlement?
Contact Organization:
Yeroushalmi & Yeroushalmi Law Firm
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
