Alleged Violators:
Trader Joe’s Company
Amazon.com, Inc.
Source:
Trader Joe’s Cocoa Powder Unsweetened
60-Day Notice Document
Civil Complaint
Case Name:
McCartney v. Trader Joe's Company
Court Name:
San Francisco Superior Court
Address:
50 CALIFORNIA ST. STE. 1500
Supplemental Settlement
Settlement Date:
11/10/2016
Case Name:
McCartney v. Trader Joe's Company
Court Name:
San Francisco Superior Court
Injunctive Relief:
Beginning on the Effective Date, Defendant shall permanently cease and desist from selling in, or offering for sale in, California any Covered Product except to the extent a Proposition 65-compliant warning is provided as to such Covered Product. All Covered Products that have been manufactured for Defendant prior to the Effective Date of this settlement are exempt. To be in compliance, Defendant is not required to undertake efforts to remove such previously manufactured Covered Products from the stream of commerce.
*Non-Contingent Civil Penalty:
$ 30,000.00
Attorney(s) Fees and Costs:
$ 55,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 85,000.00
Will settlement be submitted to court?
Address:
50 California St. Ste. 1500
City, State, Zip:
San Francisco, CA 94111
Phone Number:
415-310-1940
Corrected Settlement
Settlement Date:
12/03/2015
Case Name:
McCartney v. Trader Joe's Company
Injunctive Relief:
On Effective Date, Defendant's supplier shall permanently cease and desist from supplying Defendant or otherwise distributing into California the subject product which the amount of consumption by a typical consumer contains more than 4.1 micrograms of cadmium per 2 grams of product. Within 120 of Effective Date, Defendant and supplier shall further cease and desist from printing new labels for use on the subject product containing any recipe utilizing the subject product if the recipe results in greater than 4.1 micrograms of cadmium per serving size of the food anticipated to be prepared. Further, within 120 days of Effective Date Defendant shall cease and desist from disseminating by means within its corporate office's control any recipe it has developed or may in the future develop which utilities the subject product such as to result in greater than 4.1 micrograms of cadmium per specified serving size of food anticipated to be prepared.
*Non-Contingent Civil Penalty:
$ 30,000.00
Attorney(s) Fees and Costs:
$ 55,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 85,000.00
Will settlement be submitted to court?
Address:
50 California St. Ste. 1500
City, State, Zip:
San Francisco, CA 94111
Phone Number:
415-310-1940
Settlement
Settlement Date:
12/03/2015
Case Name:
McCartney v. Trader Joe's Company
Injunctive Relief:
On Effective Date, Defendant's supplier shall permanently cease and desist from supplying Defendant or otherwise distributing into California the subject product which the amount of consumption by a typical consumer contains more than 4.1 micrograms of cadmium per 2 grams of product. Within 120 of Effective Date, Defendant and supplier shall further cease and desist from printing new labels for use on the subject product containing any recipe utilizing the subject product if the recipe results in greater than 4.1 micrograms of cadmium per serving size of the food anticipated to be prepared. Further, within 120 days of Effective Date Defendant shall cease and desist from disseminating by means within its corporate office's control any recipe it has developed or may in the future develop which utilities the subject product such as to result in greater than 4.1 micrograms of cadmium per specified serving size of food anticipated to be prepared.
*Non-Contingent Civil Penalty:
$ 30,000.00
Attorney(s) Fees and Costs:
$ 55,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 85,000.00
Will settlement be submitted to court?
Address:
50 California St. Ste. 1500
City, State, Zip:
San Francisco, CA 94111
Phone Number:
415-310-1940
Judgment
Judgment Date:
01/05/2017
Settlement reported to AG:
Case Name:
McCartney v. Trader Joe's Company
Court Name:
San Francisco Superior Court
Injunctive Relief:
Beginning on the Effective Date, Defendant shall permanently cease and desist from selling in, or offering for sale in, California any Covered Product except to the extent a Proposition 65-compliant warning is provided as to such Covered Product. All Covered Products that have been manufactured for Defendant prior to the Effective Date of this settlement are exempt. To be in compliance, Defendant is not required to undertake efforts to remove such previously manufactured Covered Products from the stream of commerce.
*Non-Contingent Civil Penalty:
$ 30,000.00
Attorney(s) Fees and Costs:
$ 55,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 85,000.00
Is Judgment Pursuant to Settlement?
Address:
50 California St. Ste. 1500
City, State, Zip:
San Francisco, CA 94111
Phone Number:
415-310-1940
* 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.
