60 Day Notice 2017-01427

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2017-01427
Notice PDF: 
PDF icon 2017-01427.pdf
Date Filed: 
05/19/2017
Noticing Party: 
Consumer Advocacy Group, Inc.
Alleged Violators: 
Bed Bath & Beyond, Inc.
Bed Bath & Beyond of California, LLC
Harmon Stores, Inc.
Liberty Procurement Co., Inc.
Pacific World Corporation
Levine Leichtman Capital Partners, Inc.
Chemicals: 
Di(2-ethylhexyl)phthalate (DEHP)
Source: 
Eyekits with Polymer Components

60-Day Notice Document

Civil Complaint
AG Number:
2017-01427
Complaint PDF: 
PDF icon 2017-01427C5293.pdf
Date Filed:
02/20/2018
Case Name: 
Consumer Advocacy Group, Inc v. Bed Bath & Beyond et al
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
BC694786
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Yeroushalmi and Yeroushalmi
Defendant: 
Bed, Bath and Beyond, Inc
Bed, Bath and Beyond of California, LLC
Liberty Procurement Co, Inc.
Pacific World Corporation
Type of Claim: 
Failure to Warn
Relief Sought: 
Cost of suit, Reasonable Attorney Fee and Costs, any Further relief that the court may deem just and equitable
Contact Name: 
Reuben Yeroushalmi, Esq
Contact Organization: 
Yeroushalmi and Yeroushalmi
Email Address:
admin@yeroushalmi.com
Address: 
9100 Wilshire Blvd. Ste240W
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
1(310)623-1926
Fax Number:
1(310)623-1930
Comments: 
This complaints is in regards to AG# 2017-01427
Settlement
AG Number:
2017-01427
Settlement PDF: 
PDF icon 2017-01427S0271.pdf
Settlement Date:
02/24/2022
Case Name: 
Consumer Advocacy Group, Inc. v. Bed, Bath & Beyond, et al.
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
20STCV07954
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
Pacific World Corporation
Injunctive Relief: 
After the Effective Date, PACIFIC shall not sell, offer for sale, or ship for sale, in California, any Covered Products, unless the level of DEHP does not exceed 0.1% (1,000 parts per million). For any Covered Products still existing in Defendant’s inventory within 60 days after the Effective Date, PACIFIC shall place a Proposition 65 compliant warning on the products. Any warning provided pursuant to this section shall be affixed to the packaging of, or directly on, the Covered Products, and be prominently placed with such conspicuousness as compared with other words, statements, designs, or devices as to render it likely to be read and understood by an ordinary individual under customary conditions before purchase or use. The Parties agree that the following warning language shall constitute compliance with Proposition 65 with respect to the alleged Listed Chemical in the Covered Products existing in Defendant’s inventory as of the Effective Date
*Non-Contingent Civil Penalty:
$ 9,715.00
Attorney(s) Fees and Costs:
$ 38,000.00
Payment in Lieu of Penalty:
$ 7,285.00  (CAG will use this payment as follows, eighty-five percent (85%) for fees of investigation, purchasing, and testing for Proposition 65 Listed Chemicals in various products, and for expert fees for evaluating exposures through various mediums, including but not limited to consumer product, occupational, and environmental exposures to Proposition 65 Listed Chemicals, and the cost of hiring consulting and retaining experts who assist with the extensive scientific analysis necessary for those files in litigation and to offset the costs of future litigation enforcing Proposition 65 but excluding attorney fees; fifteen percent (15%) for administrative costs incurred during investigation and litigation to reduce the public’s exposure to Proposition 65 Listed Chemicals by notifying those persons and/or entities believed to be responsible for such exposures and attempting to persuade those persons and/or entities to reformulate their products or the source of exposure to completely eliminate or lower the level of Proposition 65 Listed Chemicals including but not limited to costs of documentation and tracking of products investigated, storage of products, website enhancement, and maintenance, computer and software maintenance, investigative equipment, CAG’s member’s time for work done on investigations, office supplies, mailing supplies and postage.)
Total Payments:
$ 55,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Associates
Email Address:
admin@yeroushalmi.com
Address: 
9100 Wilshire Blvd Ste 240W
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
Settlement
AG Number:
2017-01427
Settlement PDF: 
PDF icon 2017-01427S0270.pdf
Settlement Date:
02/24/2022
Case Name: 
Consumer Advocacy Group, Inc. v. Bed, Bath & Beyond, et al.
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
20STCV07954
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
Bed, Bath & Beyond, Inc.
Injunctive Relief: 
PACIFIC shall not sell, offer for sale, or ship for sale, in California, any Covered Products, unless the level of DEHP does not exceed 0.1% (1,000 parts per million). For any Covered Products still existing in Defendant’s inventory within 60 days after the Effective Date, PACIFIC shall place a Proposition 65 compliant warning on the products. Any warning provided pursuant to this section shall be affixed to the packaging of, or directly on, the Covered Products, and be prominently placed with such conspicuousness as compared with other words, statements, designs, or devices as to render it likely to be read and understood by an ordinary individual under customary conditions before purchase or use. The Parties agree that the following warning language shall constitute compliance with Proposition 65 with respect to the alleged Listed Chemical in the Covered Products existing in Defendant’s inventory as of the Effective Date.
*Non-Contingent Civil Penalty:
$ 9,715.00
Attorney(s) Fees and Costs:
$ 38,000.00
Payment in Lieu of Penalty:
$ 7,285.00  (CAG will use this payment as follows, eighty-five percent (85%) for fees of investigation, purchasing, and testing for Proposition 65 Listed Chemicals in various products, and for expert fees for evaluating exposures through various mediums, including but not limited to consumer product, occupational, and environmental exposures to Proposition 65 Listed Chemicals, and the cost of hiring consulting and retaining experts who assist with the extensive scientific analysis necessary for those files in litigation and to offset the costs of future litigation enforcing Proposition 65 but excluding attorney fees; fifteen percent (15%) for administrative costs incurred during investigation and litigation to reduce the public’s exposure to Proposition 65 Listed Chemicals by notifying those persons and/or entities believed to be responsible for such exposures and attempting to persuade those persons and/or entities to reformulate their products or the source of exposure to completely eliminate or lower the level of Proposition 65 Listed Chemicals including but not limited to costs of documentation and tracking of products investigated, storage of products, website enhancement and maintenance, computer and software maintenance, investigative equipment, CAG’s member’s time for work done on investigations, office supplies, mailing supplies and postage)
Total Payments:
$ 55,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Associates
Email Address:
admin@yeroushalmi.com
Address: 
9100 Wilshire Blvd Ste 240W
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
Settlement
AG Number:
2017-01427
Settlement PDF: 
PDF icon 2017-01427S6846.pdf
Settlement Date:
08/13/2018
Case Name: 
CAG V. BED BATH & BEYOND ET AL
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
BC694786
Plaintiff: 
Consumer Advocacy Group, Inc.
Defendant: 
Bed Bath & Beyond, Inc.
Bed Bath & Beyond of Califorinia, LLC
Liberty Procurement Co. Inc.
Pacific World Corporation
Leichtman Capital Partners
Injunctive Relief: 
Reformulation of DEHP to less than 0.1% ppm
*Non-Contingent Civil Penalty:
$ 9,715.00
Attorney(s) Fees and Costs:
$ 38,000.00
Payment in Lieu of Penalty:
$ 7,285.00  (CAG will use the payment in lieu of civil penalties for such projects and purposes related to environmental protection, worker health and safety, or reduction of human exposure to hazardous substances.)
Total Payments:
$ 55,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
REUBEN YEROUSHALMI
Contact Organization: 
YEROUSHALMI & YEROUSHALMI
Email Address:
admin@yeroushalmi.com
Address: 
9100 WILSHIRE BLVD. SUITE 240W
City, State, Zip:
BEVERLY HILLS, CA 90212
Phone Number:
(310) 623-1926
Judgment
AG Number:
2017-01427
Judgment PDF: 
PDF icon 2017-01427J4851.pdf
Judgment Date:
07/29/2022
Settlement reported to AG: 
Thu, 02/24/2022
Case Name: 
Consumer Advocacy Group, Inc., v. Bed Bath & Beyond INC.,
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
20STCV07954
Plaintiff: 
CONSUMER ADVOCACY GROUP, INC.
Plaintiff Attorney: 
REUBEN YEROUSHALMI
Defendant: 
PACIFIC WORLD CORPORATION
Injunctive Relief: 
After the Effective Date, PACIFIC shall not sell, offer for sale, or ship for sale, in California, any Covered Products, unless the level of DEHP does not exceed 0.1% (1,000 parts per million). For any Covered Products still existing in Defendant’s inventory within 60 days after the Effective Date, PACIFIC shall place a Proposition 65 compliant warning on the products. Any warning provided pursuant to this section shall be affixed to the packaging of, or directly on, the Covered Products, and be prominently placed with such conspicuousness as compared with other words, statements, designs, or devices as to render it likely to be read and understood by an ordinary individual under customary conditions before purchase or use. The Parties agree that the following warning language shall constitute compliance with Proposition 65 with respect to the alleged Listed Chemical in the Covered Products existing in Defendant’s inventory as of the Effective Date.
*Non-Contingent Civil Penalty:
$ 9,715.00
Attorney(s) Fees and Costs:
$ 38,000.00
Payment in Lieu of Penalty:
$ 7,285.00  (CAG will use this payment as follows, eighty five percent (85%) for fees of investigation, purchasing and testing for Proposition 65 Listed Chemicals in various products, and for expert fees for evaluating exposures through various mediums, including but not limited to consumer product, occupational, and environmental exposures to Proposition 65 Listed Chemicals, and the cost of hiring consulting and retaining experts who assist with the extensive scientific analysis necessary for those files in litigation and to offset the costs of future litigation enforcing Proposition 65 but excluding attorney fees; fifteen percent (15%) for administrative costs incurred during investigation and litigation to reduce the public’s exposure to Proposition 65 Listed Chemicals by notifying those persons and/or entities believed to be responsible for such exposures and attempting to persuade those persons and/or entities to reformulate their products or the source of exposure to completely eliminate or lower the level of Proposition 65 Listed Chemicals including but not limited to costs of documentation and tracking of products investigated, storage of products, website enhancement and maintenance, computer and software maintenance, investigative equipment, CAG’s member’s time for work done on investigations, office supplies, mailing supplies and postage. Within 30 days of a request from the Attorney General, CAG shall provide to the Attorney General copies of documentation demonstrating how the above funds have been spent. CAG shall be solely responsible for ensuring the proper expenditure of such additional settlement payment.)
Total Payments:
$ 55,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Yeroushalmi
Email Address:
admin@yeroushalmi.com
Address: 
9100 Wilshire Boulevard., Suite #240W
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1956
Fax Number:
(310) 623-1930

* 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.