60 Day Notice 2016-00843

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2016-00843
Notice PDF: 
PDF icon 2016-00843.pdf
Date Filed: 
08/10/2016
Noticing Party: 
Arthur Zivkovic
Plaintiff Attorney: 
Craig Nicholas
Alleged Violators: 
Wells Lamont
True Value Company
Chemicals: 
Diisononyl phthalate (DINP)
Source: 
Wells Lamont PVC Work Gloves, Winter Lining, Blue

60-Day Notice Document

Civil Complaint
AG Number:
2016-00843
Complaint PDF: 
PDF icon 2016-00843C4607.pdf
Date Filed:
12/20/2016
Case Name: 
Zivkovic v. Wells Lamont
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-16-556079
Plaintiff: 
Arthur Zivkovic
Plaintiff Attorney: 
Nicholas & Tomasevic, LLP
Glick Law Group, PC
Defendant: 
Wells Lamont LLC
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
Craig M. Nicholas
Contact Organization: 
Nicholas & Tomasevic, LLP
Email Address:
ecarrillo@nicholaslaw.org
Address: 
225 Broadway, 19th Floor
City, State, Zip:
San Diego, CA 92101
Phone Number:
(619) 325-0492
Settlement
AG Number:
2016-00843
Settlement PDF: 
PDF icon 2016-00843S5506.pdf
Settlement Date:
01/17/2017
Case Name: 
Arthur Zivkovic v. Wells Lamont LLC, a Delaware Corporation
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-16-556079
Plaintiff: 
Arthur Zivkovic
Plaintiff Attorney: 
Noam Glick
Defendant: 
Wells Lamont LLC
Injunctive Relief: 
Commencing six (6) months after the Effective Date, and continuing thereafter, Wells Lamont shall only ship, sell, or offer for sale in California, reformulated Product pursuant to Section 2.2 or Product that is labeled with clear and reasonable warning pursuant to Section 2.3. For purposes of this Consent Judgment, a "Reformulated Product" is Product that meets the standard set forth in Section 2.2 below. 2.2 Reformulation Standard "Reformulated Product" shall mean Product that contains less than or equal to 1,000 parts per million ("ppm") of DINP when analyzed pursuant to CPSC-CH -C I 00 1-09.3 Standard Operating Procedure for Determination of Phthalates method. 2.3 Clear and Reasonable Warnings Commencing six (6) months after the Effective Date and continuing thereafter, Wells Lamont shall, for all Product it sells or distributes and which is intended for sale in California that is not a Reformulated Product, or which Wells Lamont has reason to believe will be shipped or sold in California, provide clear and reasonable warnings as set forth in Proposition 65 and related Regulations. The warning shall 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. Each warning shall be provided in a manner such that the consumer or user is reasonably likely to understand to which Product the warning applies, so as to minimize confusion. With new Regulations set to take effect in 2018, Wells Lamont has the option, without limitation, to use the language set forth in the current Regulations or the language set forth in the 2018 Regulations. In the event that the Office of Environmental Health Hazard Assessment promulgate one or more regulations requiring or permitting warning text and/or methods of transmission different than those set forth above, Wells Lamont shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Consent Judgment.
*Non-Contingent Civil Penalty:
$ 5,000.00
Attorney(s) Fees and Costs:
$ 50,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 55,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Noam Glick
Contact Organization: 
Glick Law Group, P.C.
Email Address:
noam@glicklawgroup.com
Address: 
225 Broadway, Suite 2100
City, State, Zip:
San Diego, CA 92101
Phone Number:
(619) 382-3400
Fax Number:
(619) 615-2193
Judgment
AG Number:
2016-00843
Judgment PDF: 
PDF icon 2016-00843J3420.pdf
Judgment Date:
03/21/2017
Settlement reported to AG: 
Tue, 01/17/2017
Case Name: 
Zivkovic v. Wells Lamont
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-16-556079
Plaintiff: 
Arthur Zivkovic
Plaintiff Attorney: 
NICHOLAS & TOMASEVIC, LLP
GLICK LAW GROUP, PC
Defendant: 
Wells Lamont LLC
Injunctive Relief: 
Commencing six (6) months after the Effective Date, and continuing thereafter, Wells Lamont shall only ship, sell, or offer for sale in Califomia, reformulated Product pursuant to Section 2.2 or Product that is labeled with clear and reasonable warning pursuant to Section 2.3.
*Non-Contingent Civil Penalty:
$ 5,000.00
Attorney(s) Fees and Costs:
$ 50,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 55,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Craig Nicholas
Contact Organization: 
Nicholas & Tomasevic, LLP
Email Address:
ecarrillo@nicholaslaw.org
Address: 
225 Broadway, 19th Floor
City, State, Zip:
San Diego, CA 92101
Phone Number:
(619) 325-0492

* 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.