Settlement Date:
05/29/2019
Plaintiff Attorney:
Joseph D. Agliozzo, Law Corporation
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?
Contact Organization:
Joseph D. Agliozzo, Law Corporation
City, State, Zip:
Manhattan Beach, CA 90266
Phone Number:
(424) 241-3614
