60 Day Notice 2017-00183

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2017-00183
Notice PDF: 
PDF icon 2017-00183.pdf
Date Filed: 
02/13/2017
Noticing Party: 
Kim Embry
Plaintiff Attorney: 
Noam Glick
Alleged Violators: 
Lambo Industries Inc.
True Value Company
Chemicals: 
Di(2-ethylhexyl)phthalate (DEHP)
Diisononyl phthalate (DINP)
Source: 
4-Inch x 20-Ft. White Flexible Vinyl Vent Hose

60-Day Notice Document

Corrected Settlement
AG Number:
2017-00183
Settlement PDF: 
PDF icon 2017-00183S5813.pdf
Settlement Date:
06/01/2017
Case Name: 
Embry v. Lambro Industries, et al
Court Name: 
N/A
Court Docket Number: 
N/A
Plaintiff: 
Kim Embry
Plaintiff Attorney: 
Noam Glick
Defendant: 
Lambro Industries of California, Inc.
Lambro Industries, Inc.
Lambro-West, Inc.
Injunctive Relief: 
Effective upon execution of this Agreement, DEFENDANTS shall not ship or deliver for sale or distribution in California any products that contain more than one thousand (1,000) parts per million Di(2-ethylhexyl)phthalate ("DEHP"), Diisodecyl phthalate ("DIOP"), and Diisononyl phthalate ("DINP") unless such products are shipped or delivered with a clear and reasonable warning. DEFENDANTS shall further take all reasonable steps to affix a clear and reasonable warning on all units as described above currently on shelves for sale in California. To the extent practicable, DEFENDANTS shall take reasonable steps to ensure that each warning required shall be prominently affixed to or printed upon the label or packaging of the product so as to be clearly conspicuous, as compared with other statements or designs on the label or packaging as to render it likely to be read and understood by an ordinary purchaser of the product. If the warning is displayed on the product's label, it shall be at least the same size as the largest of any other health or safety warnings on the product and the word "WARNING" shall be in all capital letters and in bold print. For any products as described above sold via a website by DEFENDANTS, the warning shall appear either (a) on the checkout page on the website for California customers relating to any of the product being sold, or (b) on the product information page related to a product on that website. For those products that are subject to the warning requirements, the following language, or something in substantially similar form, shall be applied to each unit: "WARNING. This product contains a chemical known to the State of California to cause cancer, birth defects or other reproductive harm."
*Non-Contingent Civil Penalty:
$ 0.00
Attorney(s) Fees and Costs:
$ 15,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 15,000.00
Will settlement be submitted to court?
No
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
Corrected Settlement
AG Number:
2017-00183
Settlement PDF: 
PDF icon 2017-00183S5762.pdf
Settlement Date:
05/08/2017
Case Name: 
Embry v. Lambro Industries
Court Name: 
N/A
Court Docket Number: 
N/A
Plaintiff: 
Kimberly Embry
Plaintiff Attorney: 
Nicholas & Tomasevic, LLP
Glick Law Group, PC
Defendant: 
Lambro Industries of California, Inc.
Lambro-West, Inc.
True Value Company
Injunctive Relief: 
Effective upon execution of this Agreement, DEFENDANTS shall not ship or deliver for sale or distribution in California any products that contain Di(2-ethylhexyl)phthalate (“DEHP”), Diisodecyl phthalate (“DIDP”), and Diisononyl phthalate (“DINP”) in levels that exceed the safe harbor levels for these chemicals, unless such products are shipped or delivered with a clear and reasonable warning. DEFENDANTS shall further take all reasonable steps to affix a clear and reasonable warning on all units currently on shelves for sale in California. To the extent practicable, DEFENDANTS shall take reasonable steps to ensure that each warning required shall be prominently affixed to or printed upon the label or packaging of the product so as to be clearly conspicuous, as compared with other statements or designs on the label or packaging as to render it likely to be read and understood by an ordinary purchaser of the product. If the warning is displayed on the product’s label, it shall be at least the same size as the largest of any other health or safety warnings on the product and the word “WARNING” shall be in all capital letters and in bold print. For any products sold via a website by DEFENDANTS, the warning shall appear either (a) on the checkout page on the website for California customers relating to any of the product being sold, or (b) on the product information page related to a product on that website. 8.3 For those products that are subject to the warning requirements, the following language, or something in substantially similar form, shall be applied to each unit: “WARNING. This product contains a chemical known to the State of California to cause cancer, birth defects or other reproductive harm.”
*Non-Contingent Civil Penalty:
$ 0.00
Attorney(s) Fees and Costs:
$ 15,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 15,000.00
Will settlement be submitted to court?
No
Contact Name: 
Craig Nicholas
Contact Organization: 
Nicholas & Tomsevic, LLP
Email Address:
ecarrillo@nicholaslaw.org
Address: 
225 Broadway, 19th Floor
City, State, Zip:
San Diego, CA 92101
Phone Number:
(619) 325-0492
Fax Number:
(619) 325-0496
Settlement
AG Number:
2017-00183
Settlement PDF: 
PDF icon 2017-00183S5687.pdf
Settlement Date:
04/05/2017
Case Name: 
Embry v. Lambro
Court Name: 
Court Case Was Not Filed
Court Docket Number: 
N/A
Plaintiff: 
Kimberly Embry
Plaintiff Attorney: 
Glick Law Group PC
Nicholas & Tomasevic, LLP
Defendant: 
Lambro Industries, Inc.
Lambro-West, Inc.
True Value Company
Injunctive Relief: 
N/A
*Non-Contingent Civil Penalty:
$ 0.00
Attorney(s) Fees and Costs:
$ 14,900.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 14,900.00
Will settlement be submitted to court?
No
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.