60 Day Notice 2019-01484

AG Number: 
Notice PDF: 
Date Filed: 
Noticing Party: 
Sara Hammond
Plaintiff Attorney: 
Joseph D. Agliozzo, Law Corporation
Alleged Violators: 
AD Sutton & Sons, Inc.
Target Corporation/Target Brands, Inc.
Di(2-ethylhexyl)phthalate (DEHP)
Deluxe Backpack UPC 0 89305 57796 7 SKU 069 10 0764

60-Day Notice Document

AG Number:
Settlement PDF: 
Settlement Date:
Case Name: 
Hammond v Sutton
Court Name: 
Court Docket Number: 
Out of Court Settlement
Sara Hammond
Plaintiff Attorney: 
Joseph D. Agliozzo, Law Corporation
AD Sutton & Sons, Inc.
Injunctive Relief: 
3.1. Effective on and after the Effective Date SUTTON shall not sell Covered Products for distribution in California unless the Covered Products are either “Reformulated Covered Products” as definited in Paragraph 3.2, or unless SUTTON provides a Compliant Proposition 65 Warning as defined in Paragraph 3.3. Compliance with this Settlement Agreement by SUTTON shall constitute compliance with 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. For purposes of this Settlement Agreement, “accessible component” is defined as any component that can be touched by a person during reasonably foreseeable use of the Covered Products. In order to determine compliance with this reformulation standard, SUTTON may rely on third-party testing from an accredited laboratory.
*Non-Contingent Civil Penalty:
$ 1,000.00
Attorney(s) Fees and Costs:
$ 21,500.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 22,500.00
Will settlement be submitted to court?
Will settlement be submitted to court?: 
Contact Name: 
Joe Agliozzo
Contact Organization: 
Joseph D. Agliozzo, Law Corporation
Email Address:
1601 N. Sepulveda Boulevard, #649
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.