60 Day Notice 2014-01172

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2014-01172
Notice PDF: 
PDF icon 2014-01172.pdf
Date Filed: 
11/04/2014
Noticing Party: 
As You Sow
Plaintiff Attorney: 
Barbara J. Chisholm
Alleged Violators: 
Icrest International LLC
Chemicals: 
Cadmium
Source: 
Yatta! Brand Roasted Seaweed Sushi Nori Half Sheet

60-Day Notice Document

Civil Complaint
AG Number:
2014-01172
Complaint PDF: 
PDF icon 2014-01172C3896.pdf
Date Filed:
09/17/2015
Case Name: 
As You Sow v. Icrest International LLC
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG15786176
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Altshuler Berzon LLP
Defendant: 
Icrest International LLC
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Reasonable attorneys' fees and costs; other and further relief the Court deems just and proper
Contact Name: 
Tony LoPresti
Contact Organization: 
Altshuler Berzon LLP
Email Address:
tlopresti@altshulerberzon.com
Address: 
177 Post St. Ste. 300
City, State, Zip:
San Francisco, CA 94108
Phone Number:
(415) 421-7151
Fax Number:
(415) 362-8064
Comments: 
A settlement agreement has been reached in this case, and a motion for settlement approval will be filed with the court.
Corrected Settlement
AG Number:
2014-01172
Settlement PDF: 
PDF icon 2014-01172S4357.pdf
Settlement Date:
09/15/2015
Case Name: 
As You Sow v. Icrest International LLC
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG15786176
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Altshuler Berzon LLP
Defendant: 
Icrest International LLC
Injunctive Relief: 
As of September 10, 2015, all of the noticed product produced, distributed, or sold by Defendant in California will provide the following warning statement to consumers: “PROPOSITION 65 WARNING: Ingesting this product will expose you to chemicals, including cadmium, know to the State of California to cause cancer and birth defects and other reproductive harm.” The warning will be prominently displayed on the packaging for the noticed product such that is likely to be read and understood by an ordinary individual under customary conditions of purchase and use. The warning and its placement on the packaging for the noticed product is illustrated in Exhibit A to the attached consent judgment.
*Non-Contingent Civil Penalty:
$ 5,750.00
Attorney(s) Fees and Costs:
$ 26,000.00
Payment in Lieu of Penalty:
$ 5,750.00  (The payments in lieu of civil penalties comply with the Attorney General’s regulatory guidance regarding such payments, 11 C.C.R. 3203(b). Specifically, all in lieu payments will be used by Plaintiff As You Sow for grants to California non-profit organizations and by As You Sow’s Environmental Enforcement Fund. The funds will be used for the purpose of reducing or remediating 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 grant proposals, the As You Sow 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 educational benefits to California citizens from 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 proposed grantee’s chances for success in its program work. AYS shall ensure that all funds will be disbursed and used in accordance with AYS’ mission statement, articles of incorporation, bylaws, and applicable state and federal laws and regulations.)
Total Payments:
$ 37,500.00
Will settlement be submitted to court?
Yes
Contact Name: 
Tony LoPresti
Contact Organization: 
Altshuler Berzon LLP
Email Address:
tlopresti@altshulerberzon.com
Address: 
177 Post St. Ste. 300
City, State, Zip:
San Francisco, CA 94108
Phone Number:
(415) 421-7151
Fax Number:
(415) 362-8064
Settlement
AG Number:
2014-01172
Settlement PDF: 
PDF icon 2014-01172S4342.pdf
Settlement Date:
09/15/2015
Case Name: 
As You Sow v. Icrest International LLC
Court Name: 
Alameda County Superior Court
Court Docket Number: 
Not yet available (see comments)
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Altshuler Berzon LLP
Defendant: 
Icrest International LLC
Injunctive Relief: 
As of September 10, 2015, all of the noticed product produced, distributed, or sold by Defendant in California will provide the following warning statement to consumers: “PROPOSITION 65 WARNING: Ingesting this product will expose you to chemicals, including cadmium, know to the State of California to cause cancer and birth defects and other reproductive harm.” The warning will be prominently displayed on the packaging for the noticed product such that is likely to be read and understood by an ordinary individual under customary conditions of purchase and use. The warning and its placement on the packaging for the noticed product is illustrated in Exhibit A to the attached consent judgment.
*Non-Contingent Civil Penalty:
$ 5,750.00
Attorney(s) Fees and Costs:
$ 26,000.00
Payment in Lieu of Penalty:
$ 5,750.00  (The payments in lieu of civil penalties comply with the Attorney General’s regulatory guidance regarding such payments, 11 C.C.R. 3203(b). Specifically, all in lieu payments will be used by Plaintiff As You Sow for grants to California non-profit organizations and by As You Sow’s Environmental Enforcement Fund. The funds will be used for the purpose of reducing or remediating 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 grant proposals, the As You Sow 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 educational benefits to California citizens from 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 proposed grantee’s chances for success in its program work. AYS shall ensure that all funds will be disbursed and used in accordance with AYS’ mission statement, articles of incorporation, bylaws, and applicable state and federal laws and regulations. )
Total Payments:
$ 37,500.00
Will settlement be submitted to court?
Yes
Contact Name: 
Tony LoPresti
Contact Organization: 
Altshuler Berzon LLP
Email Address:
tlopresti@altshulerberzon.com
Address: 
177 Post St. Ste. 300
City, State, Zip:
San Francisco, CA 94108
Phone Number:
(415) 421-7151
Fax Number:
(415) 362-8064
Comments: 
Plaintiff will be filing an action in Alameda County Superior Court. This settlement will be submitted to the court for approval as a consent judgment. Plaintiff will properly notice the Attorney General regarding the motion for approval of settlement.
Judgment
AG Number:
2014-01172
Judgment PDF: 
PDF icon 2014-01172J2848.pdf
Judgment Date:
11/18/2015
Settlement reported to AG: 
Tue, 09/15/2015
Case Name: 
As You Sow v. Icrest International LLC
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG15786176
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Altshuler Berzon LLP
Defendant: 
Icrest International LLC
Injunctive Relief: 
As of September 10, 2015, all of the noticed product produced, distributed, or sold by Defendant in California will provide the following warning statement to consumers: “PROPOSITION 65 WARNING: Ingesting this product will expose you to chemicals, including cadmium, know to the State of California to cause cancer and birth defects and other reproductive harm.” The warning will be prominently displayed on the packaging for the noticed product such that is likely to be read and understood by an ordinary individual under customary conditions of purchase and use. The warning and its placement on the packaging for the noticed product is illustrated in Exhibit A to the attached consent judgment.
*Non-Contingent Civil Penalty:
$ 5,750.00
Attorney(s) Fees and Costs:
$ 26,000.00
Payment in Lieu of Penalty:
$ 5,750.00  (The payments in lieu of civil penalties comply with the Attorney General’s regulatory guidance regarding such payments, 11 C.C.R. 3203(b). Specifically, all in lieu payments will be used by Plaintiff As You Sow for grants to California non-profit organizations and by As You Sow’s Environmental Enforcement Fund. The funds will be used for the purpose of reducing or remediating 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 grant proposals, the As You Sow 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 educational benefits to California citizens from 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 proposed grantee’s chances for success in its program work. AYS shall ensure that all funds will be disbursed and used in accordance with AYS’ mission statement, articles of incorporation, bylaws, and applicable state and federal laws and regulations.)
Total Payments:
$ 37,500.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Tony LoPresti
Contact Organization: 
Altshuler Berzon LLP
Email Address:
tlopresti@altshulerberzon.com
Address: 
177 Post St. Ste. 300
City, State, Zip:
San Francisco, CA 94108
Phone Number:
(415) 421-7151
Fax Number:
(415) 362-8064

* 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.