60 Day Notice 2019-01267

AG Number: 
2019-01267
Notice PDF: 
Date Filed: 
07/03/2019
Noticing Party: 
Brad Van Patten
Plaintiff Attorney: 
George Rikos
Alleged Violators: 
Dare Foods, Inc.
Chemicals: 
Acrylamide
Source: 
Multigrain Crackers

60-Day Notice Document

Civil Complaint
AG Number:
2019-01267
Complaint PDF: 
Date Filed:
10/10/2019
Case Name: 
Brad Van Patten v. Dare Foods, Inc.
Court Name: 
San Diego Superior Court
Court Docket Number: 
37-2019-00053698-CU-PO-CTL
Plaintiff: 
Brad Van Patten
Plaintiff Attorney: 
Law Offices of George Rikos
Defendant: 
Dare Foods, Inc.
Type of Claim: 
Failure to Warn
B&P Code 17200
Relief Sought: 
Warning
Civil Penalty
Injunctive Relief
Contact Name: 
George Rikos
Contact Organization: 
Law Offices of George Rikos
Email Address:
Address: 
225 Broadway, Suite 2100
City, State, Zip:
San Diego, CA 92101
Phone Number:
(858) 342-9161
Settlement
AG Number:
2019-01267
Settlement PDF: 
Settlement Date:
01/09/2020
Case Name: 
Brad Van Patten v. Dare Foods, Inc.
Court Name: 
San Diego
Court Docket Number: 
37-2019-00053698
Plaintiff: 
Brad Van Patten
Plaintiff Attorney: 
George Rikos
Defendant: 
Dare Foods, Inc.
Injunctive Relief: 
2.1 As of the Effective Date, and continuing thereafter, Dare, with respect to the Products as defined herein which Dare elects to manufacture, import, distribute, sell, or offer for sale in California, shall take any and all necessary measures to ensure that acrylamide levels in a Product are, on average, kept below that requiring a cancer warning under Proposition 65 based on an average consumer’s level and frequency of consumption of crackers and a 1 x 10-5 cancer risk for acrylamide based on scientific evidence equivalent or better in quality to that which formed the basis for the Proposition 65 listing of acrylamide as a carcinogen. 2.2 Dare may establish compliance with the requirement set forth in Section 2.1 by averaging acrylamide concentration level test results derived from multiple samples of the Products, or one or more composited samples drawn randomly from the Products, on an annual basis. An average acrylamide level less than or equivalent to 350 parts per billion shall be deemed to meet the requirement set forth in Section 2.1, but shall not prejudice Dare from establishing that an alternative acrylamide concentration level is more appropriate based on the criteria set forth in Section 2.1 and the Proposition 65 regulations. Such acrylamide testing shall be performed by Eurofins, Silliker, KPrime or another accredited laboratory using either: 1. GC/MS (Gas Chromatograph/Mass Spectrometry), 2. LC-MS/MS (Liquid Chromatograph-Mass Spectrometry), or 3. any other testing method agreed upon by the Parties. After annual testing is completed, Dare shall provide written confirmation to counsel for Van Patten that it has complied with the requirements of this Section 2. Dare’s monitoring obligation shall terminate on the second anniversary of the Effective Date.
*Non-Contingent Civil Penalty:
$ 6,000.00
Attorney(s) Fees and Costs:
$ 54,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 60,000.00
Will settlement be submitted to court?
Will settlement be submitted to court?: 
Yes
Contact Name: 
George Rikos
Contact Organization: 
Law Offices of George Rikos
Email Address:
george@georgerikoslaw.com
Address: 
225 Broadway, Suite 2100
City, State, Zip:
San Diego, CA 92101
Phone Number:
(858) 342-9161


* 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.