60 Day Notice 2018-01957

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2018-01957
Notice PDF: 
PDF icon 2018-01957.pdf
Date Filed: 
10/30/2018
Noticing Party: 
Sara Hammond
Plaintiff Attorney: 
Joseph D. Agliozzo, Law Corporation
Alleged Violators: 
iTru Innovations, Inc.
Burlington Coat Factory Warehouse Corporation
Chemicals: 
Di(2-ethylhexyl)phthalate (DEHP)
Source: 
iTru Sports Waist Belt - Burlington SKU AB57582144

60-Day Notice Document

Settlement
AG Number:
2018-01957
Settlement PDF: 
PDF icon 2018-01957S7236.pdf
Settlement Date:
12/28/2018
Case Name: 
Hammond v iTru Innovations, Inc.
Court Name: 
None
Court Docket Number: 
Out of Court Settlement
Plaintiff: 
Sara Hammond
Plaintiff Attorney: 
Joseph D. Agliozzo, Law Corporation
Defendant: 
iTru Innovations, Inc.
Injunctive Relief: 
3.1. Effective on and after the Effective Date iTru 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 iTru 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, iTru 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, iTru may rely on third party testing from an accredited laboratory.
*Non-Contingent Civil Penalty:
$ 1,000.00
Attorney(s) Fees and Costs:
$ 20,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 21,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Joe 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.