Settlement Date:
02/03/2023
Case Name:
Consumer Advocacy Group, Inc v. El Monte Superstore, Inc.
Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc
Defendant:
Chevalier International (USA), Inc.
Injunctive Relief:
After the Effective Date, Defendant shall not sell in California, offer for sale in California, or ship for sale in California any Covered Products unless the level of Lead does not exceed 75 parts per billion (“ppb”), the level of Cadmium does not exceed 85 ppb, and the level of Arsenic does not exceed 15ppb unless Proposition 65 compliant warnings are used as set forth in the following paragraphs.
For any Covered Products that exceeds their respective levels of Lead, Arsenic or Cadmium that are placed into the stream of commerce in California after the Effective Date, Defendant must provide a Proposition 65 compliant warning for the Covered Products as set forth below. Any warning provided pursuant to this section shall be affixed to the packaging of, or directly on, the Covered Products, and be prominently placed with such conspicuousness as compared with other words, statements, designs, or devices as to render it likely to be read and understood by an ordinary individual under customary conditions before purchase or use. The warning must be set off from other surrounding information, enclosed in a box. Where the packaging of the Covered Product includes consumer information as defined by California Code of Regulations title 27 §25600.1(c) in a language other than English, the warning must also be provided in that language in addition to English.
For any Covered Products still existing in the Defendant's inventory as of the Effective Date, Defendant shall place a Proposition 65 compliant warning on them, unless the Covered Products does not exceed their respective levels of Lead, Arsenic or Cadmium. Any warning provided pursuant to this section shall comply with the warning requirements under Section 3.2 above.
For any Covered Product where the Defendant uses a consumer product sign, or label, to provide a warning, which includes consumer information in a language other than English, the warning must also be provided in that foreign language in addition to English.
Changes in the law and regulations applicable to Proposition 65 occurring after this date shall be incorporated into the terms of this Consent Judgment.
*Non-Contingent Civil Penalty:
$ 11,440.00
Attorney(s) Fees and Costs:
$ 120,000.00
Payment in Lieu of Penalty:
$ 8,560.00 (Defendant shall make a separate payment, in the amount of eight thousand five hundred and sixty dollars ($8,560.00) as an additional settlement payment to “Consumer Advocacy Group, Inc.” pursuant to Health & Safety Code § 25249.7(b) and California Code of Regulations, Title 11 § 3203(d). Defendant will issue a separate check to CAG for the Additional Settlement Payment. CAG will use this payment as follows, eighty percent (80%) for fees of investigation, purchasing and testing for Proposition 65 listed chemicals in various products, and for expert fees for evaluating exposures through various mediums, including but not limited to consumer product, occupational, and environmental exposures to Proposition 65 listed chemicals, and the cost of hiring consulting and retaining experts who assist with the extensive scientific analysis necessary for those files in litigation and to offset the costs of future litigation enforcing Proposition 65 but excluding attorney fees; twenty percent (20%) for administrative costs incurred during investigation and litigation to reduce the public’s exposure to Proposition 65 listed chemicals by notifying those persons and/or entities believed to be responsible for such exposures and attempting to persuade those persons and/or entities to reformulate their products or the source of exposure to completely eliminate or lower the level of Proposition 65 listed chemicals including but not limited to costs of documentation and tracking of products investigated, storage of products, website enhancement and maintenance, computer and software maintenance, investigative equipment, CAG’s member’s time for work done on investigations, office supplies, mailing supplies and postage. Within 30 days of a request from the Attorney General, CAG shall provide to the Attorney General copies of documentation demonstrating how the above funds have been spent. CAG shall be solely responsible for ensuring the proper expenditure of such additional settlement payment.)
Total Payments:
$ 140,000.00
Will settlement be submitted to court?
Contact Organization:
Yeroushalmi & Yeroushalmi Law Firm
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
