60 Day Notice 2017-01512

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2017-01512
Notice PDF: 
PDF icon 2017-01512.pdf
Date Filed: 
06/02/2017
Noticing Party: 
Sara Hammond
Plaintiff Attorney: 
Joseph Agliozzo
Alleged Violators: 
Valor Communication, Inc.
Amazon.com LLC
Chemicals: 
Di(2-ethylhexyl)phthalate (DEHP)
Source: 
MyBat UNIVP255NP Armband

60-Day Notice Document

Settlement
AG Number:
2017-01512
Settlement PDF: 
PDF icon 2017-01512S6055.pdf
Settlement Date:
09/18/2017
Case Name: 
Hammond v Valor Communication, Inc.
Court Name: 
Out of Court Settlement
Court Docket Number: 
N/A
Plaintiff: 
Sara Hammond
Plaintiff Attorney: 
Law Office of Joseph D. Agliozzo
Defendant: 
Valor Communication, Inc.
Injunctive Relief: 
VALOR shall not sell the Covered Product 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 or unless VALOR provides a clear and reasonable warning for any non-reformulated Covered Product currently in inventory that it ships, sells, or offers to ship or sell in California. VALOR estimates that selling the remaining inventory of Covered Product could take up to three years and represents that the existing inventory of Covered Product will only be sold with a compliant warning as dscribed further in Paragah 3.1.1. below. 3.1.1. The warning referenced in paragraph 3.1 above shall comply with Title 27 of the California Code of Regulations, Article 6 "Clear and Reasonable Warnings", specifically any method described in Section 25603 Consumer Product Warnings. A copy of this section is attached to this agreement as Exhibit "A". 3.2. Except as provided above, upon the Effective Date, VALOR 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%) DEHP in any accessible component (i.e., any component that may be touched during use). In order to determine compliance with this reformulation standard, VALOR may rely on third party testing from an accredited laboratory.
*Non-Contingent Civil Penalty:
$ 1,000.00
Attorney(s) Fees and Costs:
$ 24,500.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 25,500.00
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.