60 Day Notice 2018-01870

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2018-01870
Notice PDF: 
PDF icon 2018-01870.pdf
Date Filed: 
10/15/2018
Noticing Party: 
Consumer Advocacy Group, Inc.
Alleged Violators: 
La Poblano Foods, Inc.
Grocery Outlet, Inc.
El Monte Spice Company, Inc.
El Monte Spices
Grocery Outlet Store 298
Chemicals: 
Lead and lead compounds
Source: 
Ground Cinnamon

60-Day Notice Document

Civil Complaint
AG Number:
2018-01870
Complaint PDF: 
PDF icon 2018-01870C5838.pdf
Date Filed:
05/29/2019
Case Name: 
CAG v. Grocery Outlet, Inc.
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
19STCV18554
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
Grocery Outlet, Inc.
Grocery Outlet Bargain Market
Type of Claim: 
Failure to Warn
Relief Sought: 
Civil Penalty
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Consumer Advocacy Group, Inc.
Email Address:
admin@yeroushalmi.com
Address: 
9100 Wilshire Blvd, Ste. 240W
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
Comments: 
Also includes Notices 2018-02322 and 2018-02191
Settlement
AG Number:
2018-01870
Settlement PDF: 
PDF icon 2018-01870S0502.pdf
Settlement Date:
02/18/2022
Case Name: 
Consumer Advocacy Group, Inc. v. Grocery Outlet, Inc., et al
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
19STCV18554
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
Grocery Outlet, Inc.
Injunctive Relief: 
As of sixty (60) days after the Effective Date (the “Compliance Date”), (a) Grocery Outlet shall not distribute,sell or offer for sale (i) Umbrellas or Car Mounts Covered Products in California unless the Covered Products contain DEHP in concentrations less than 0.1 percent by weight (1,000 parts per million) (ii) Ground Cinnamon unless the level of Lead does not exceed 200ppb, or (iii) Ground Ginger unless the level of Lead does not exceed 720 ppb. or (b) the respective Covered Product is distributed, sold, or offered for sale with a clear and reasonable warning as described in Section 3.2. The provisions of this Section 3 shall not apply to any Covered Products that have been sold or distributed by Grocery Outlet or in Grocery Outlet inventory prior to the Compliance Date. For any Covered Products, in existing inventory, that exceeds their respective levels of DEHP or Lead that are sold in California after the Effective Date, Defendant must provide a Proposition 65 compliant warning for the Covered Products as set forth below. 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. A symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline shall precede the text of the warning. The symbol shall be placed to the left of the text of the warning, in a size no smaller than the height of the word “WARNING”.
*Non-Contingent Civil Penalty:
$ 12,780.00
Attorney(s) Fees and Costs:
$ 80,000.00
Payment in Lieu of Penalty:
$ 9,550.00  (CAG will use this portion of the Total Settlement 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:
$ 102,330.00
Will settlement be submitted to court?
Yes
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Yeroushalmi
Email Address:
admin@yeroushalmi.com
Address: 
9100 Wilshire Blvd Ste 240W
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
Comments: 
The proposed settlement relates to AG Nos: 2018-02191, 2018-02322, 2019-00782, and 2019-00662
Judgment
AG Number:
2018-01870
Judgment PDF: 
PDF icon 2018-01870J4830.pdf
Judgment Date:
05/20/2022
Settlement reported to AG: 
Tue, 03/29/2022
Case Name: 
CONSUMER ADVOCACY GROUP, INC., v. GROCERY OUTLET, INC.,
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
19STCV18554
Plaintiff: 
CONSUMER ADVOCACY GROUP, INC.
Plaintiff Attorney: 
REUBEN YEROUSHALMI
Defendant: 
GROCERY OUTLET, INC., a California Corporation
Injunctive Relief: 
(a) Grocery Outlet shall not distribute, sell or offer for sale (i) Umbrellas or Car Mounts Covered Products in California unless the Covered Products contain DEHP in concentrations less than 0.1 percent by weight (1,000 parts per million) (ii) Ground Cinnamon unless the level of Lead does not exceed 200ppb, or (iii) Ground Ginger unless the level of Lead does not exceed 720 ppb. or (b) the respective Covered Product is distributed, sold, or offered for sale with a clear and reasonable warning as described in Section 3.2. The provisions of this Section 3 shall not apply to any Covered Products that have been sold or distributed by Grocery Outlet or in Grocery Outlet inventory prior to the Compliance Date.
*Non-Contingent Civil Penalty:
$ 12,780.00
Attorney(s) Fees and Costs:
$ 80,000.00
Payment in Lieu of Penalty:
$ 9,550.00  (CAG will use this portion of the Total Settlement 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:
$ 102,330.00
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.