60 Day Notice 2018-00595

AG Number: 
2018-00595
Notice PDF: 
Date Filed:
04/19/2018
Noticing Party: 
Sara Hammond
Plaintiff Attorney: 
Law Office Of Joseph D. Agliozzo
Alleged Violators: 
Swinstar, Inc.
Flokel Enterprises, Inc.
General Discount Stores
Chemicals: 
Di(2-ethylhexyl)phthalate (DEHP)
Source: 
Transworld Clear PVC Backpack by Swinstar UPC 1 84645 00011 0 Item #5036

60-Day Notice Document

Settlement
AG Number:
2018-00595
Settlement PDF: 
Settlement Date:
06/19/2018
Case Name: 
Hammond v General Discount
Court Name: 
Out of Court Settlement
Court Docket Number: 
None
Plaintiff: 
Sara Hammond
Plaintiff Attorney: 
Joseph D. Agliozzo, Law Corporation
Defendant: 
General Discount
Injunctive Relief: 
3.1. Effective on and after the Effective Date GDS 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 GDS provides a clear and reasonable warning for any non-reformulated Covered Product that it sells in California. 3.2. Except as provided above, effective on and after the Effective Date, GDS agrees to only sell in 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 (“accessible component” is defined as any component that could be touched by a person during reasonably foreseeable use). In order to determine compliance with this reformulation standard, GDS may rely on third party testing from an accredited laboratory. 3.3. The Parties agree that any of the following warnings shall constitute a “Compliant Warning” for the Listed Chemical in the Covered Product: (a) the text, "WARNING This product can expose you to chemicals including Di(2-ethylhexyl)phthalate (DEHP), which is known to the State of California to cause cancer or reproductive harm. For more information go to www.P65Warnings.ca.gov.” accompanied by and placed to the right of a symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline sized to be no smaller than the word “WARNING” as provided by regulations adopted on or about August 30, 2016; or (b) the text, “WARNING Cancer or Reproductive Harm – www.P65Warnings.ca.gov.” accompanied by and placed to the right of a symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline sized to be no smaller than the word “WARNING” as provided by regulations adopted on or about August 30, 2016. The triangular warning symbol specified in Section 3.3 shall be in yellow with a black exclamation mark; provided however, the symbol may be printed in black and white if the Covered Product label is not printed against a yellow background. 3.4. The Parties agree that the specifications for Compliant Warnings in this Settlement Agreement comply with Proposition 65 and its regulations as of the date of this Settlement Agreement, and with regulations adopted on or about August 30, 2016 and which become effective August 30, 2018. 3.5. If modifications or amendments to Proposition 65 or its regulations after the Effective Date are inconsistent with, or provide warning specifications or options different from, the specifications in this Settlement Agreement, Defendant may modify the content and delivery methods of its warnings to conform to the modified or amended provisions of Proposition 65 or its regulations.
*Non-Contingent Civil Penalty:
$ 1,000.00
Attorney(s) Fees and Costs:
$ 20,500.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 21,500.00
Will settlement be submitted to court?
No
Contact Name: 
JOSEPH AGLIOZZO
Contact Organization: 
Joseph D. Agliozzo, Law Corporation
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.