Settlement Date:
09/15/2017
Case Name:
CAPA v. Cannabis Buyers Club of Berkeley
Court Name:
Alameda County Superior Court
Plaintiff:
Center for Advanced Public Awareness, Inc.
Plaintiff Attorney:
Aqua Terra Aeris (ATA) Law Group
Defendant:
Cannabis Buyers Club of Berkeley, a Cooperative Corporation
Injunctive Relief:
Warnings on Product Label or In-Store Warnings, plus internet and membership agreement warnings
*Non-Contingent Civil Penalty:
$ 20,590.00
Attorney(s) Fees and Costs:
$ 43,555.00
Payment in Lieu of Penalty:
$ 12,355.00 (ADDITIONAL SETTLEMENT PAYMENTS. $12,355.00 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 allegedly caused by Defendant in this matter. 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’s 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
before exposure by providing clear and reasonable warnings to California consumers prior to
exposure resulting from purchase of the products.
CAPA 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 dispensaries or 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:
$ 76,500.00
Will settlement be submitted to court?
Contact Organization:
Aqua Terra Aeris Law Group
Address:
828 San Pablo Ave., Suite 115B
City, State, Zip:
Albany, CA 94706
Phone Number:
(415) 568-5200
