60 Day Notice 2017-00073

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2017-00073
Notice PDF: 
PDF icon 2017-00073.pdf
Date Filed: 
01/20/2017
Noticing Party: 
Center for Advanced Public Awareness, Inc. ("CAPA")
Plaintiff Attorney: 
Aqua Terra Aeris Law Group
Alleged Violators: 
South Bay Healing Center, Inc., dba Airfield Supply Co.
Chemicals: 
Marijuana smoke
Source: 
Marijuana Flowers, Buds and Pre-rolled products

60-Day Notice Document

Settlement
AG Number:
2017-00073
Settlement PDF: 
PDF icon 2017-00073S6058.pdf
Settlement Date:
09/18/2017
Case Name: 
CAPA v. South Bay Healing Center, Inc. dba Airfield Supply
Court Name: 
Santa Clara County Superior Court
Court Docket Number: 
17CV311162
Plaintiff: 
Center for Advanced Public Awareness, Inc. ("CAPA")
Plaintiff Attorney: 
Aqua Terra Aeris Law Group
Defendant: 
South Bay Healing Center, Inc., d.b.a. Airfield Supply Co.
Does 1-25
Injunctive Relief: 
Warnings
*Non-Contingent Civil Penalty:
$ 23,907.00
Attorney(s) Fees and Costs:
$ 36,374.00
Payment in Lieu of Penalty:
$ 14,719.00  ($14,719.00 shall be distributed to CAPA as an Additional Settlement Payment (“ASP”), pursuant to California Code of Regulations, title 27, sections 3203, subdivision (d), and 3204. CAPA will utilize the ASP for activities that address the same public harm as alleged in the NOV. These activities are detailed below and support CAPA’s overarching goal of reducing use, misuse and exposure to hazardous and toxic chemicals, fostering and increasing the public awareness of chemicals inherent in consumer products, facilitating a safe environment for consumers and employees, and encouraging corporate responsibility. CAPA believes its activities have had, and will continue to have, a direct and primary effect within the State of California because California consumers will be benefitted by the reduction of exposure to marijuana smoke and increase informed choices made by patients and consumers by providing clear and reasonable warnings to California consumers prior to exposure resulting from purchase of the Subject Products. CAPA on its own and not Defendant’s behalf hereby provides the following list of activities CAPA engages in to protect California consumers through Proposition 65 citizen enforcement, along with a breakdown of how ASP funds will be utilized to facilitate those activities: (1) ENFORCEMENT (70%-80%): investigating, obtaining, shipping, analyzing, and/or testing Subject Products that may contain carcinogenic chemicals contained in marijuana smoke and are sold to and expose California consumers to chemicals listed under Proposition 65; continued monitoring and enforcement of past consent judgments and settlements to ensure companies are in compliance with their obligations thereunder, with a specific focus on those judgments and settlements concerning chemicals of concern (which necessarily includes additional work, investigating, purchasing, processing, analyzing and/or testing consumer products; litigating matters that result in settlements, judgments, defaults, bankruptcies, or dismissals); (2) PUBLIC OUTREACH (up to 5%): public outreach programs including maintaining CAPA’s blog, website, and social media accounts; (3) SPECIAL PROJECTS (up to 5%): projects including obtaining expert and legal opinions not specific to any one case that are necessary to the continued private enforcement of Proposition 65; and/or (4) PRODUCT DATABASE (up to 5%): maintaining a database with all products sold to California consumers that CAPA has obtained which could cause an exposure to marijuana smoke or other toxic, carcinogenic or reproductive harms. CAPA will maintain adequate records to document that the funds paid as an ASP are spent on the activities described herein. CAPA shall provide the Attorney General, within thirty days of any request, copies of documentation demonstrating how such funds have been spent. )
Total Payments:
$ 75,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Matthew Maclear
Contact Organization: 
Aqua Terra Aeris Law Group
Email Address:
mcm@atalawgroup.com
Address: 
828 San Pablo Avenue, Suite 115B
City, State, Zip:
Albany, CA 94706
Phone Number:
(415) 568-5200
Judgment
AG Number:
2017-00073
Judgment PDF: 
PDF icon 2017-00073J3655.pdf
Judgment Date:
11/29/2017
Settlement reported to AG: 
Mon, 09/18/2017
Case Name: 
CAPA v. South Bay Healing Ctr dba Airfield Supply Co.
Court Name: 
Santa Clara County Superior Court
Court Docket Number: 
17CV311162
Plaintiff: 
Center for Advanced Public Awareness
Plaintiff Attorney: 
Aqua Terra Aeris Law Group
Defendant: 
South Bay Healing Center, Inc. dba Airfield Supply Co.
Injunctive Relief: 
Warning on product or in store, in membership agreement and on internet website
*Non-Contingent Civil Penalty:
$ 23,907.00
Attorney(s) Fees and Costs:
$ 36,374.00
Payment in Lieu of Penalty:
$ 14,719.00  ( ($14,719.00 shall be distributed to CAPA as an Additional Settlement Payment (“ASP”), pursuant to California Code of Regulations, title 27, sections 3203, subdivision (d), and 3204. CAPA will utilize the ASP for activities that address the same public harm as alleged in the NOV. These activities are detailed below and support CAPA’s overarching goal of reducing use, misuse and exposure to hazardous and toxic chemicals, fostering and increasing the public awareness of chemicals inherent in consumer products, facilitating a safe environment for consumers and employees, and encouraging corporate responsibility. CAPA believes its activities have had, and will continue to have, a direct and primary effect within the State of California because California consumers will be benefitted by the reduction of exposure to marijuana smoke and increase informed choices made by patients and consumers by providing clear and reasonable warnings to California consumers prior to exposure resulting from purchase of the Subject Products. CAPA on its own and not Defendant’s behalf hereby provides the following list of activities CAPA engages in to protect California consumers through Proposition 65 citizen enforcement, along with a breakdown of how ASP funds will be utilized to facilitate those activities: (1) ENFORCEMENT (70%-80%): investigating, obtaining, shipping, analyzing, and/or testing Subject Products that may contain carcinogenic chemicals contained in marijuana smoke and are sold to and expose California consumers to chemicals listed under Proposition 65; continued monitoring and enforcement of past consent judgments and settlements to ensure companies are in compliance with their obligations thereunder, with a specific focus on those judgments and settlements concerning chemicals of concern (which necessarily includes additional work, investigating, purchasing, processing, analyzing and/or testing consumer products; litigating matters that result in settlements, judgments, defaults, bankruptcies, or dismissals); (2) PUBLIC OUTREACH (up to 5%): public outreach programs including maintaining CAPA’s blog, website, and social media accounts; (3) SPECIAL PROJECTS (up to 5%): projects including obtaining expert and legal opinions not specific to any one case that are necessary to the continued private enforcement of Proposition 65; and/or (4) PRODUCT DATABASE (up to 5%): maintaining a database with all products sold to California consumers that CAPA has obtained which could cause an exposure to marijuana smoke or other toxic, carcinogenic or reproductive harms. CAPA will maintain adequate records to document that the funds paid as an ASP are spent on the activities described herein. CAPA shall provide the Attorney General, within thirty days of any request, copies of documentation demonstrating how such funds have been spent. )
Total Payments:
$ 75,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Matthew Maclear
Contact Organization: 
Aqua Terra Aeris Law Group
Email Address:
mcm@atalawgroup.com
Address: 
828 San Pablo Ave., Suite 115B
City, State, Zip:
Albany, CA 94706
Phone Number:
(415) 568-5200

* 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.