60 Day Notice 2016-01283

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2016-01283
Notice PDF: 
PDF icon 2016-01283.pdf
Date Filed: 
11/04/2016
Noticing Party: 
Arthur Zivkovic
Plaintiff Attorney: 
Noam Glick
Craig Nicholas
Alleged Violators: 
The Home Depot
Swan Products, Inc.
Chemicals: 
Di-isodecyl phthalate (DIDP)
Diisononyl phthalate (DINP)
Source: 
Element 5/8 in. x 100 in.Green &Glow Lead-Free Hose

60-Day Notice Document

Civil Complaint
AG Number:
2016-01283
Complaint PDF: 
PDF icon 2016-01283C4833.pdf
Date Filed:
03/03/2017
Case Name: 
Zivkovic v. Swan Products, Inc., et al.
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-17-557401
Plaintiff: 
Arthur Zivkovic
Plaintiff Attorney: 
Glick Law Group, PC
Nicholas & Tomasevic, LLP
Defendant: 
Swan Products, Inc.
Swan Products, LLC
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
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
Settlement
AG Number:
2016-01283
Settlement PDF: 
PDF icon 2016-01283S6060.pdf
Settlement Date:
09/21/2017
Case Name: 
Zivkovic v. Swan Products, LLC
Court Name: 
N/A
Court Docket Number: 
N/A
Plaintiff: 
Arthur Zivkovic
Plaintiff Attorney: 
Nicholas & Tomasevic, LLP
Glick Law Group, PC
Defendant: 
Swan Products, LLC
Injunctive Relief: 
Beginning six months from the Effective Date, Swan shall, for Products that Swan manufactures, assembles, distributes, supplies, sells or procures after the Effective Date that are distributed, marketed, sold or shipped for sale in the State of California, comply with the requirements of Section 2.2 or 2.3 of this Agreement. Notwithstanding any other provision of this agreement, this section shall not apply to Products that are already in the stream of commerce as of the Effective Date. The Products shall be deemed to comply with Proposition 65 with regard to the Listed Chemicals and be exempt from any Proposition 65 warning requirements for the Listed Chemicals if the Products contain the Listed Chemicals in a concentration less than or equal to 1,000 parts per million ("ppm") (0.I%) for any accessible component part. For purposes of this Settlement Agreement, accessible component part shall mean components of the Product to which a person would be exposed to the Listed Chemicals by direct contact during normal use of the Products.
*Non-Contingent Civil Penalty:
$ 1,000.00
Attorney(s) Fees and Costs:
$ 19,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 20,000.00
Will settlement be submitted to court?
No
Contact Name: 
Noam Glick
Contact Organization: 
Glick Law Group, PC
Email Address:
noam@glicklawgroup.com
Address: 
225 Broadway, 21st Floor
City, State, Zip:
San Diego, CA 92101
Phone Number:
(619) 382-3400

* 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.