60 Day Notice 2018-01396

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2018-01396
Notice PDF: 
PDF icon 2018-01396.pdf
Date Filed: 
08/10/2018
Noticing Party: 
Consumer Advocacy Group, Inc.
Alleged Violators: 
Ross Dress For Less #1280
Ross Stores, Inc. dba dd's Discounts, Ross Dress For Less, Ross Dress For Less Inc.
NVMK Sales, Inc.
Nandog Pet Gear
Chemicals: 
Di(2-ethylhexyl)phthalate (DEHP)
Source: 
Retractable Dog Leash with Pleather/Vinyl Components

60-Day Notice Document

Settlement
AG Number:
2018-01396
Settlement PDF: 
PDF icon 2018-01396S2916.pdf
Settlement Date:
01/08/2024
Case Name: 
N/A
Court Name: 
Alameda County Superior Court
Court Docket Number: 
N/A
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
NVMK Sales, Inc.
Injunctive Relief: 
NVMK agrees, promises, and represents that after the Effective Date NVMK shall reformulate any Covered Products manufactured after the Effective Date and offered for sale in California to a point where the level of DEHP in the Covered Products does not exceed 0.1% by weight. 3.2 NVMK agrees, promises, and represents that, as of the Effective Date, to the extent it ships or sells any Covered Products in existing inventory that have not been reformulated, it will provide warnings on such Covered Products that comply with Proposition 65. The warnings shall be provided in such a conspicuous and prominent manner that will assure the message is made available and likely to be read, seen, or heard by the consumer prior to or at the time of the sale or purchase. The Parties agree that product labeling stating that: ^ethylhexyl WARNING ) phthalate : This(product DEHP),can which expose is known you totochemicals the State of including California Di(to 2-cause cancer and birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov. shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Products for any Covered Products in existing inventory that had not been reformulated and were distributed and/or sold by Releasees or Downstream Releasees after the Effective Date. Where a label used for the Covered product in existing inventory, that exceeds 0.1% of DEHP includes consumer information as defined by California Code of Regulations title 27 §25600.1(c) in a language other than English, the warning must also be provided in that language in addition to English. Should NVMK sell or distribute any Covered Products in existing inventory, that exceeds 0.1% of DEHP, through the internet the warning will be posted in the manner provided for with respect to internet sales, as provided for in 27 CCR sections 25601 and 25602, as they may be subsequently amended.
*Non-Contingent Civil Penalty:
$ 12,000.00
Attorney(s) Fees and Costs:
$ 46,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 58,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Yeroushalmi Law Firm
Email Address:
admin@Yeroushalmi.com
Address: 
9100 Wilshire Blvd 240w
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926

* 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.