60 Day Notice 2019-01246

AG Number: 
2019-01246
Notice PDF: 
Date Filed: 
06/28/2019
Noticing Party: 
Consumer Advocacy Group, Inc.
Alleged Violators: 
Burlington
Preventive Therapeutics Inc.
Burlington Coat Factory Investments Holdings, Inc. dba Burlington Coat Factory Direct Corporation
Burlington Coat Factory Warehouse Corporation
Chemicals: 
Lead and lead compounds
Source: 
Raw Organic Moringa Powder

60-Day Notice Document

Civil Complaint
AG Number:
2019-01246
Complaint PDF: 
Date Filed:
11/20/2019
Case Name: 
CAG v. Burlington Coat Factory Investments Holdings, Inc.
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
19STCV42111
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
Burlington Coat Factory Investments Holdings, Inc.
Burlington Coat Factory Direct Corporation
Burlington Stores, Inc.
Burlington Coat Factory Warehouse Corporation
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Consumer Advocacy Group, Inc.
Email Address:
Address: 
9100 Wilshire Blvd, Ste. 240W
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
Settlement
AG Number:
2019-01246
Settlement PDF: 
Settlement Date:
05/04/2021
Case Name: 
CAG v. Burlington Coat Factory Investments Holdings, Inc.
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
19STCV42111
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
Burlington Stores, Inc.
Injunctive Relief: 
Defendant shall not distribute for sale in California, or manufacture for sale in California, or offer for sale in California: i) any Hamper Products that exceed more than 0.1% (1,000 parts per million) by weight of DEHP; and (ii) any Moringa Products unless the level of Lead in Moringa Products does not exceed more than 40 parts per billion (ppb) of lead unless the appropriate warning is given pursuant to Sections 3.3 and 3.4 of this Consent Judgment. For any Hamper Products that exceed more than 0.1% (1,000 parts per million) by weight of DEHP ordered for manufacture prior to the Effective Date, or already existing in Defendant’s inventory as of the Effective Date, Defendant may offer for sale in California by placing a Proposition 65 compliant warning on them. For any Moringa Products that exceeds 40ppb of Lead, that are sold in California after the Effective Date, Defendant must provide a Proposition 65 compliant warning for the Moringa Products.
*Non-Contingent Civil Penalty:
$ 23,500.00
Attorney(s) Fees and Costs:
$ 85,000.00
Payment in Lieu of Penalty:
$ 17,500.00  (One check payable to OEHHA in the amount of $17,625.00 (75%) and one check payable to CAG in the amount of $5,875.00 (25%). CAG will use the payment in lieu of the civil penalties for such projects and purposes related to environmental protection, worker health and safety, or reduction of human exposure to hazardous substances.)
Total Payments:
$ 126,000.00
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: 
This Settlement is related to AG Number 2020-01564.
Judgment
AG Number:
2019-01246
Judgment PDF: 
Judgment Date:
08/31/2021
Settlement reported to AG: 
Tue, 05/04/2021
Case Name: 
CAG v. Burlington Coat Factory Investments Holdings, Inc.
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
19STCV42111
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
Burlington Stores Inc.
Injunctive Relief: 
After the Effective Date, Defendant shall not distribute for sale in California, or manufacture for sale in California, or offer for sale in California, any Hamper Products that exceed more than 0.1% (1,000 parts per million) by weight of DEHP; and any Moringa Products unless the level of Lead in Moringa Products does not exceed more than 40 parts per billion (ppb) of lead. Defendant agrees to no longer sell the covered products. Any existing products will follow the proposition 65 compliant warnings.
*Non-Contingent Civil Penalty:
$ 23,500.00
Attorney(s) Fees and Costs:
$ 85,000.00
Payment in Lieu of Penalty:
$ 17,500.00  (CAG will use the payment in lieu of civil penalties for such projects & purposes related to environmental protection, worker health & safety, or reduction of human exposures to hazardous substances.)
Total Payments:
$ 126,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Consumer Advocacy Group, Inc.
Email Address:
admin@yeroushalmi.com
Address: 
9100 Wilshire Boulevard, Suite 240W
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
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.