60 Day Notice 2015-00162

AG Number: 
2015-00162
Notice PDF: 
Date Filed: 
03/04/2015
Noticing Party: 
Consumer Advocacy Group, Inc.
Alleged Violators: 
Home Depot U.S.A., Inc.
Chemicals: 
Di-n-butyl phthalate (DBP)
Source: 
Footwear

60-Day Notice Document

Settlement
AG Number:
2015-00162
Settlement PDF: 
Settlement Date:
02/26/2016
Case Name: 
CAG v. Midwest Air Technologies, Inc.
Court Name: 
N/A
Court Docket Number: 
N/A
Plaintiff: 
Consumer Advocacy Group, Inc.
Defendant: 
Midwest Air Technologies, Inc.
Injunctive Relief: 
MAT shall within sixty (60) days from the Effective Date reformulate anyCovered Product manufactured after the Effective Date and offered for sale in California to a point where the level of DBP in the Covered Product does not exceed 0.1% by weight. MAT agrees, promises, and represents that, as of the Effective Date, to the extent it ships or sells any Covered Product in existing inventory that have not been reformulated to the point where the level of DBP in the Covered Product does not exceed 0.1% by weight, it will provide warnings on such Covered Product that comply with Proposition 65. Provided that MAT reformulates the Covered Product as required in in paragraph 3.1, MAT may continue to provide the warnings on the Covered Product that comply with Proposition 65.
*Non-Contingent Civil Penalty:
$ 5,500.00
Attorney(s) Fees and Costs:
$ 34,000.00
Payment in Lieu of Penalty:
$ 5,500.00  (CAG will use the payment in lieu of civil penalties for such projects and purposes related to environmental protection, worker health and safety, or reduction of human exposure to hazardous substances.)
Total Payments:
$ 45,000.00
Will settlement be submitted to court?
No
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Yeroushalmi
Email Address:
admin@yeroushalmi.com
Address: 
9100 Wilshire Blvd., Suite 240W
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
Fax Number:
(310) 623-1930


* 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.