60 Day Notice 2018-01649

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2018-01649
Notice PDF: 
PDF icon 2018-01649.pdf
Date Filed: 
08/29/2018
Noticing Party: 
Consumer Advocacy Group, Inc.
Alleged Violators: 
Ross Stores, Inc.
Ross Procurement, Inc.
Ross Dress for Less, Inc.
Ross Acquisition, Inc.
Ross Dress For Less Store 1830
Meridian International Co. Ltd, USA, LLC
Chemicals: 
Di(2-ethylhexyl)phthalate (DEHP)
Source: 
Tools with Vinyl/PVC Grip

60-Day Notice Document

Settlement
AG Number:
2018-01649
Settlement PDF: 
PDF icon 2018-01649S2866.pdf
Settlement Date:
12/29/2023
Case Name: 
Consumer Advocacy Group, Inc. v. Ross Stores, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG19012558
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
MERIDIAN INTERNATIONAL CO., LTD, USA
Injunctive Relief: 
3.1 After the Effective Date, Defendant shall not sell in California, offer for sale in California, or ship for sale in California any Covered Products with any component that contains the Listed Chemical in excess of 0.1% (1,000 parts per million) by weight. 3.2 Any Covered Products that Defendant sells, distributes, or ships into California after the Effective Date that were ordered prior to the Effective Date, Defendant must provide a Proposition 65 compliant warning for the Covered Products for cancer and reproductive toxicity compliant with 27 CCR 25600 et seq , unless it contains no more than 0.1% by weight (1,000 ppm) of the Listed Chemical. 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 warning must be set off from other surrounding information, enclosed in a box. Where the packaging of the Covered Product in existing inventory 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 Defendant sell or distribute any Covered Product in existing inventory 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. 3.3 The Parties agree that product labeling stating that: 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 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. Covered Products already distributed to Downstream Defendant Releasees prior to the Effective Date may continue to be sold through as is.
*Non-Contingent Civil Penalty:
$ 20,020.00
Attorney(s) Fees and Costs:
$ 115,000.00
Payment in Lieu of Penalty:
$ 14,980.00  (Defendant shall make a separate payment, in the amount of fourteen thousand nine hundred and eighty dollars ($14,980.00) as an additional settlement payment to “Consumer Advocacy Group, Inc.” pursuant to Health & Safety Code § 25249.7(b) and California Code of Regulations, Title 11 § 3203(d). Defendant will issue a separate check to CAG for the Additional Settlement Payment. CAG will use this payment as follows, eighty percent (80%) 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; twenty percent (20%) 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:
$ 150,000.00
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
Judgment
AG Number:
2018-01649
Judgment PDF: 
PDF icon 2018-01649J5231.pdf
Judgment Date:
03/05/2024
Settlement reported to AG: 
Fri, 12/29/2023
Case Name: 
Consumer Advocacy Group, Inc. v. Ross Stores, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG19012558
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
Meridian International Co., LTD, USA
Injunctive Relief: 
3.1 After the Effective Date, Defendant shall not sell in California, offer for sale in California, or ship for sale in California any Covered Products with any component that contains the Listed Chemical in excess of 0.1% (1,000 parts per million) by weight. 3.2 Any Covered Products that Defendant sells, distributes, or ships into California after the Effective Date that were ordered prior to the Effective Date, Defendant must provide a Proposition 65 compliant warning for the Covered Products for cancer and reproductive toxicity compliant with 27 CCR 25600 et seq , unless it contains no more than 0.1% by weight (1,000 ppm) of the Listed Chemical. 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 warning must be set off from other surrounding information, enclosed in a box. Where the packaging of the Covered Product in existing inventory 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 Defendant sell or distribute any Covered Product in existing inventory 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. 3.3 The Parties agree that product labeling stating that: 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 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. Covered Products already distributed to Downstream Defendant Releasees prior to the Effective Date may continue to be sold through as is.
*Non-Contingent Civil Penalty:
$ 20,020.00
Attorney(s) Fees and Costs:
$ 115,000.00
Payment in Lieu of Penalty:
$ 14,980.00  (Defendant shall make a separate payment, in the amount of fourteen thousand nine hundred and eighty dollars ($14,980.00) as an additional settlement payment to “Consumer Advocacy Group, Inc.” pursuant to Health & Safety Code § 25249.7(b) and California Code of Regulations, Title 11 § 3203(d). Defendant will issue a separate check to CAG for the Additional Settlement Payment. CAG will use this payment as follows, eighty percent (80%) 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; twenty percent (20%) 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:
$ 150,000.00
Is Judgment Pursuant to Settlement?
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.