Case Name:
CAG v. Del Mar Supermarket
Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Defendant:
Del Mar Supermarket (DBA for Thoai Phat, Inc.)
Chevalier International (USA), Inc.
Injunctive Relief:
After the Effective Date, DEL MAR and CHEVALIER shall not sell in California, offer for sale in California, or ship for sale in California any Ginger unless the level of Lead does not exceed 720 parts per billion (“ppb”) except as provided in the next paragraph. DEL MAR shall not sell in California, offer for sale in California, or ship for sale in California any Cinnamon unless the level of Lead does not exceed 200 ppb, and shall not sell in California, offer for sale in California, or ship for sale in California any Shrimp and Curry Powder unless the level of Lead does not exceed 90 ppb except as provided in the next paragraph.
For any Ginger that exceeds 720 ppb Lead DEL MAR and CHEVALIER must provide a Proposition 65 compliant warning for the Covered Products as set forth below. For any Cinnamon that exceeds 200 ppb Lead, or Shrimp and Curry Powder that exceeds 90 ppb Lead that are sold in California after the Effective Date, DEL MAR must provide a Proposition 65 compliant warning for the Covered Products as set forth below. Any warning provided pursuant to this section shall be affixed to the packaging of, or directly on, the Covered Products or a product-specific warning provided on a posted sign, shelf tag, or shelf sign, for each Covered Product at each point of display of each Covered Product, 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 Parties agree that the following warning language shall constitute compliance with Proposition 65 with respect to the alleged Lead in the Covered Products distributed and/or sold by Defendants after the Effective Date:
WARNING: Consuming this product can expose you to Lead, which are 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.
For any “Wu Hsing Dry Ginger Powder; Net Wt: 30g, 1.1oz; Ingredients: Dry Ginger; Packed For Ton Hsing Foods Industrial Co., LTD.; Office: 4F, No. 108 Ruey Guang Rd. Neihu Dist. Taipei Taiwan R.O.C.; Made In Taiwan; UPC: 4 710868 801171” still existing in DEL MAR and CHEVALIER’s inventory as of the Effective Date, Defendants shall immediately destroy the Ginger and shall not offer it for sale or consumption to anyone under any circumstances.
For any Cinnamon, Shrimp, and Curry Powder still existing in the Defendant's inventory as of the Effective Date, Defendant shall place a Proposition 65 compliant warning on them, unless the Cinnamon does not exceed 200 ppb Lead, and unless the Shrimp and Curry Powder does not exceed 90 ppb Lead. Any warning provided on existing inventory pursuant to this section shall comply with the warning requirements under paragraph above.
Payment in Lieu of Penalty:
$ 4,280.00 (Defendants shall make a separate payment, in the total amount of four thousand two hundred and eighty dollars ($4,280.00) 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. )
Address:
9100 Wilshire Blvd., Suite 240W
