60 Day Notice 2015-01018

AG Number: 
2015-01018
Notice PDF: 
Date Filed: 
10/15/2015
Noticing Party: 
Consumer Advocacy Group, Inc.
Alleged Violators: 
Oriental Foodbank,Inc.
First Oriental Foodbank, Inc.
Del Mar Supermarket
Chemicals: 
Lead
Source: 
Sesame seeds

60-Day Notice Document

Settlement
AG Number:
2015-01018
Settlement PDF: 
Settlement Date:
12/22/2015
Case Name: 
CAG v. First Oriental Foodbank, Inc.
Court Name: 
Out of Court Settlement
Court Docket Number: 
N/A
Plaintiff: 
Consumer Advocacy Group, Inc.
Defendant: 
First Oriental Foodbank, Inc.
Injunctive Relief: 
FOF agrees, promises, and represents that, as of the Effective Date, to the extent it ships or sells any Covered Product in existing inventory that exceeds 25 ppb of the Listed Chemical, it will provide warnings on such Covered Product that comply with Proposition 65, or shall cease importing or selling any Covered Product. The warnings shall be provided in such a conspicuously and prominent manner that will assure the message is made available and likely to be read, seen, or heard by the consumer prior to or at the time of the sale or purchase. The Parties agree that product labeling stating that “WARNING: This product contains chemicals known to the State of California to cause cancer, and birth defects, or other reproductive harm” shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Product for any Covered Product in FOF’s existing inventory as of the Effective
*Non-Contingent Civil Penalty:
$ 5,500.00
Attorney(s) Fees and Costs:
$ 32,000.00
Payment in Lieu of Penalty:
$ 7,500.00  (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 substance.)
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
Settlement
AG Number:
2015-01018
Settlement PDF: 
Settlement Date:
12/22/2015
Case Name: 
CAG v. First Oriental Foodbank, Inc.
Court Name: 
Out of Court Settlement
Court Docket Number: 
N/A
Plaintiff: 
Consumer Advocacy Group, Inc.
Defendant: 
First Oriental Foodbank, Inc.
Injunctive Relief: 
FOF agrees, promises, and represents that, as of the Effective Date, to the extent it ships or sells any Covered Product in existing inventory that exceeds 25 ppb of the Listed Chemical, it will provide warnings on such Covered Product that comply with Proposition 65, or shall cease importing or selling any Covered Product. The warnings shall be provided in such a conspicuously and prominent manner that will assure the message is made available and likely to be read, seen, or heard by the consumer prior to or at the time of the sale or purchase. The Parties agree that product labeling stating that “WARNING: This product contains chemicals known to the State of California to cause cancer, and birth defects, or other reproductive harm” shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Product for any Covered Product in FOF’s existing inventory as of the Effective
*Non-Contingent Civil Penalty:
$ 5,500.00
Attorney(s) Fees and Costs:
$ 32,000.00
Payment in Lieu of Penalty:
$ 7,500.00  (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 substance.)
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.