Judgment Date:
07/11/2023
Settlement reported to AG:
Case Name:
Consumer Advocacy Group, Inc v. Island Pacific Distribution
Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Defendant:
Philippine Foodtrade Corporation
Injunctive Relief:
3.1 Defendant PFT maintains that it does not sell the Covered Product and has not sold the Covered Product since 2016. CAG disputes this claim. As of the Effective Date, Defendant PFT will not sell in California, offer for sale in California, or ship for sale in California agar agar that contains lead in a level exceeding 75 parts per billion unless Proposition 65 compliant warnings are provided. Warnings shall be compliant with Title 27, California Code of Regulations, § 25600, et seq. Although Defendant PFT agrees to this provision, Defendant PFT does not agree that 75 parts per billion is the maximum amount of Lead that the Covered Product could contain without exceeding the safe harbor level for Agar Agar. 3.2 Any warning provided pursuant to this section shall be affixed to the packaging of, or directly on, the Covered Products, 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 warning must be set off from other surrounding information, enclosed in a box. Where the packaging of the Covered Product includes consumer information as defined by California Code of Regulations title 27 §25600.1(c) in a language other than English, the warning must also be provided in that language in addition to English. Should Defendant PFT sell or distribute any Covered Product through the internet the warning will be posted in the manner provided for with respect to internet sales, as provided for in27 CCR sections 25601 and 25602, as they may be subsequently amended. 3.3 For any Covered Products still existing in Defendant PFT's inventory as of the Effective Date, Defendant PFT shall place a Proposition 65 compliant warning on them, unless the Covered Products does not exceed 75 ppb of Lead. Any warning provided pursuant to this section shall comply with the warning requirements under Title 27, California Code of Regulations, § 25600, et seq. 3.4 Changes in the law and regulations applicable to Prop 65 occurring after this date shall be incorporated into the terms of this Consent Judgment.
*Non-Contingent Civil Penalty:
$ 8,530.00
Attorney(s) Fees and Costs:
$ 60,000.00
Payment in Lieu of Penalty:
$ 6,420.00 (Defendant PFT shall make a separate payment, in the amount of Six Thousand For a Hundred and Twenty Dollars ($6,420) 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). Defendant PFT will issue a separate check to CAG for the Additional Settlement Payment. CAG will use this payment as follows, eighty percent (80%) 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; twenty percent (20%) 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.)
Total Payments:
$ 74,950.00
Is Judgment Pursuant to Settlement?
Contact Organization:
Yeroushalmi & Yeroushalmi Law Firm
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
