60 Day Notice 2019-00114

AG Number: 
2019-00114
Notice PDF: 
Date Filed:
01/22/2019
Noticing Party: 
Sara Hammond
Plaintiff Attorney: 
Joseph D. Agliozzo, Law Corporation
Alleged Violators: 
TheSmartyco
Amazon.com LLC
Chemicals: 
Di(2-ethylhexyl)phthalate (DEHP)
Source: 
TheSmartyCo Clear PVC Backpack

60-Day Notice Document

Settlement
AG Number:
2019-00114
Settlement PDF: 
Settlement Date:
05/29/2019
Case Name: 
Hammond v The Smarty Co
Court Name: 
None
Court Docket Number: 
Out of Court Settlement
Plaintiff: 
Sara Hammond
Plaintiff Attorney: 
Joseph D. Agliozzo, Law Corporation
Defendant: 
The Smarty Co
Injunctive Relief: 
3.1. Effective on and after the Effective Date SMARTYCO shall not sell the Covered Product for distribution in California unless the product is a “Reformulated Covered Product” as defined in Paragraph 3.2 or unless SMARTYCO provides a Compliant Warning as defined in Paragraph 3.3 for any non-reformulated Covered Product that it sells in California. Compliance with this Settlement Agreement by SMARTYCO shall constitute compliance under Proposition 65 with regard to Covered products sold, offered for sale, imported, manufactured or otherwise distributed after the Effective Date. 3.2. 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, SMARTYCO may rely on third party testing from an accredited laboratory.
*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: 
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.