60 Day Notice 2017-00126

AG Number: 
2017-00126
Notice PDF: 
Date Filed: 
02/02/2017
Noticing Party: 
Sara Hammond
Plaintiff Attorney: 
Joseph Agliozzo
Alleged Violators: 
Future Sports Products Intl., TJX Companies, Marmaxx Operating Corp.; Marshalls
Chemicals: 
Diisononyl phthalate (DINP)
Source: 
Stayfit Trek Running Pack

60-Day Notice Document

Settlement
AG Number:
2017-00126
Settlement PDF: 
Settlement Date:
04/18/2017
Case Name: 
Hammond v Future Sports Products Int'l Inc.
Court Name: 
Out of Court Settlement
Court Docket Number: 
N/A
Plaintiff: 
Sara Hammond
Plaintiff Attorney: 
Joseph Agliozzo
Defendant: 
Future Sports Products International, Inc.
Injunctive Relief: 
FSPI shall not sell the Covered Product in its current formulation for distribution in California in the future, and shall not resume sales of the Covered Product in California unless the product meets the reformulation standard set forth in Paragraph 3.2. If FSPI offers a Covered Product that is not reformulated, FSPI shall provide a clear and reasonable warning for any non-reformulated Covered Product that it ships, sells or offers to ship or sell in California. 3.2 Upon the Effective Date, FSPI agrees to only manufacture for sale or purchase for sale in or into California, “Reformulated Covered Products.” For purposes of this Settlement Agreement, “Reformulated Covered Products” are Covered Products containing no more than 1,000 parts per million (0.1%) DINP in any accessible component (i.e., any component that may be touched during use). In order to determine compliance with this reformulation standard, FSPI may rely on third party testing from an accredited laboratory.
*Non-Contingent Civil Penalty:
$ 1,000.00
Attorney(s) Fees and Costs:
$ 20,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 21,000.00
Will settlement be submitted to court?
No
Contact Name: 
Joseph Agliozzo
Contact Organization: 
Law Office Of Joseph D. Agliozzo
Email Address:
joeags@gmail.com
Address: 
PO BOX 3582
City, State, Zip:
Manhattan Beach, CA 90266
Phone Number:
(424) 241-3614


* 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.