60 Day Notice 2015-01021

AG Number: 
2015-01021
Notice PDF: 
Date Filed: 
10/15/2015
Noticing Party: 
Consumer Advocacy Group, Inc.
Alleged Violators: 
Asia Supermarket
Xiamen Sungiven Import & Export Co. Ltd
Canada Six Fortune Enterprise Co.
Khong Guan Corp.
Chemicals: 
Lead and lead compounds
Source: 
Seaweed

60-Day Notice Document

Settlement
AG Number:
2015-01021
Settlement PDF: 
Settlement Date:
01/27/2016
Case Name: 
CAG v KHONG GUAN CORP.
Court Name: 
Out of Court Settlement
Court Docket Number: 
N/A
Plaintiff: 
Consumer Advocacy Group, Inc.
Defendant: 
KHONG GUAN CORP.
Injunctive Relief: 
KHONG, promises, and represents that, as of the Effective Date, to the extent it manufactures or imports any Covered Product for sale in California that exceeds 75 parts per billion (“ppb”) of lead, it will provide warnings for such Covered Products that comply with Proposition 65. Khong promises, and represents that, as of the Effective Date, to the extent it manufactures, imports, ships or sells any Covered Product Khong’s existing inventory that have not been reformulated, it will provide warnings on such Covered Product that comply with Proposition 65. The warnings shall be provided in a clear and reasonable manner that will assure the warning is likely to be read or seen by the consumer prior to or at the time of 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 Products for any Covered Products that contain lead in excess of 75 ppb. For purposes of this Agreement, the Parties' agree that Covered Products containing less than 75 ppb of the listed Chemical do not require a Proposition 65 warning.
*Non-Contingent Civil Penalty:
$ 6,000.00
Attorney(s) Fees and Costs:
$ 26,000.00
Payment in Lieu of Penalty:
$ 6,000.00  (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:
$ 38,000.00
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:
2015-01021
Settlement PDF: 
Settlement Date:
01/27/2016
Case Name: 
CAG v KHONG GUAN CORP.
Court Name: 
Out of Court Settlement
Court Docket Number: 
N/A
Plaintiff: 
Consumer Advocacy Group, Inc.
Defendant: 
KHONG GUAN CORP.
Injunctive Relief: 
KHONG, promises, and represents that, as of the Effective Date, to the extent it manufactures or imports any Covered Product for sale in California that exceeds 75 parts per billion (“ppb”) of lead, it will provide warnings for such Covered Products that comply with Proposition 65. Khong promises, and represents that, as of the Effective Date, to the extent it manufactures, imports, ships or sells any Covered Product Khong’s existing inventory that have not been reformulated, it will provide warnings on such Covered Product that comply with Proposition 65. The warnings shall be provided in a clear and reasonable manner that will assure the warning is likely to be read or seen by the consumer prior to or at the time of 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 Products for any Covered Products that contain lead in excess of 75 ppb. For purposes of this Agreement, the Parties' agree that Covered Products containing less than 75 ppb of the listed Chemical do not require a Proposition 65 warning.
*Non-Contingent Civil Penalty:
$ 6,000.00
Attorney(s) Fees and Costs:
$ 26,000.00
Payment in Lieu of Penalty:
$ 6,000.00  (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:
$ 38,000.00
Will settlement be submitted to court?
No
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Yeroushalmi
Email Address:
adm
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.