60 Day Notice 2019-01530

AG Number: 
2019-01530
Notice PDF: 
Date Filed: 
08/12/2019
Noticing Party: 
Consumer Advocacy Group, Inc.
Alleged Violators: 
B.R.E. Industries, Inc.
B.R.E. Industries
Imoshion Handbags
dd's Discounts
Ross Stores
Ross Dress For Less
Ross Stores, Inc.
Chemicals: 
Di(2-ethylhexyl)phthalate (DEHP)
Source: 
Mesh Vegan Backpacks with plastic/polymer components

60-Day Notice Document

Corrected Settlement
AG Number:
2019-01530
Settlement PDF: 
Settlement Date:
06/27/2022
Case Name: 
Consumer Advocacy Group, Inc. v. TJX, et al.
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
20STCV32288
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Yeroushalmi & Yeroushalmi
Defendant: 
B.R.E Industries, Inc.
Injunctive Relief: 
After the Effective Date, Settling Defendant shall not order for manufacture any Covered Products with any component that contains the Listed Chemical(s) in excess of 0.1% (1,000 parts per million) by weight. Any Covered Products that Settling Defendant manufactures, distributes, or ships for sale after the Effective Date that were ordered for manufacture prior to the Effective Date, must contain a clear and reasonable warning, consistent with 27 CCR section 25600 et seq., unless it contains no more than 0.1% by weight (1,000 ppm) of the Listed Chemical(s).
*Non-Contingent Civil Penalty:
$ 28,580.00
Attorney(s) Fees and Costs:
$ 130,000.00
Payment in Lieu of Penalty:
$ 21,420.00  (CAG intends and agrees to use this portion of the Total Settlement Payment as follows, (a) eighty five percent (85%) for fees CAG allegedly incurred related to the investigation, purchase, testing, and related expert evaluation for of the Covered Products and to offset the costs of future litigation enforcing Proposition 65 but excluding attorney fees; and (b) fifteen percent (15%) 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 the 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 member’s time for work done on investigations, office supplies, mailing supplies and postage. )
Total Payments:
$ 180,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Associates
Email Address:
admin@yeroushalmi.com
Address: 
9100 Wilshire Blvd Ste 240W
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
Comments: 
The settlement also relates to AG Nos. 2019-01731, 2019-02123, 2019-02155, 2019-02163, 2019-02282, 2020-00323, 2020-01299, 2021-00633, 2020-03151, 2021-01678, 2021-01769
Judgment
AG Number:
2019-01530
Judgment PDF: 
Judgment Date:
08/02/2022
Settlement reported to AG: 
Tue, 08/02/2022
Case Name: 
Consumer Advocacy Group, Inc v. The TJX Companies, Inc.,
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
20stcv32288
Plaintiff: 
Consumer Advocacy Group, Inc
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
B.R.E. Industries Inc.
Injunctive Relief: 
After the Effective Date, Settling Defendant shall not order for manufacture any Covered Products with any component that contains the Listed Chemical(s) in excess of 0.1% (1,000 parts per million) by weight. 3.2 Any Covered Products that Settling Defendant manufactures, distributes or ships for sale after the Effective Date that were ordered for manufacture prior to the Effective Date, must contain a clear and reasonable warning, consistent with 27 CCR section 25600 et seq. unless it contains no more than 0.1% by weight (1,000 ppm) of the Listed Chemical(s).
*Non-Contingent Civil Penalty:
$ 28,580.00
Attorney(s) Fees and Costs:
$ 130,000.00
Payment in Lieu of Penalty:
$ 21,420.00  (Additional Settlement Payments; Within ten (10) days of the Effective Date, Settling Defendant shall also issue one check for to twenty-one thousand four hundred and twenty dollars ($21,420.00) to “Consumer Advocacy Group, Inc.” pursuant to Health & Safety Code § 25249.7(b) and California Code of Regulations, Title 11 § 3203(d). CAG intends and agrees to use this portion of the Total Settlement Payment as follows, (a) eighty five percent (85%) for fees CAG allegedly incurred related to the investigation, purchase, testing, and related expert evaluation for of the Covered Products and to offset the costs of future litigation enforcing Proposition 65 but excluding attorney fees; and (b) fifteen percent (15%) for administrative costs incurred during investigation and litigation to reduce the public’s exposure to the 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 the 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:
$ 180,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Yeroushalmi Law Firm
Email Address:
admin@Yeroushalmi.com
Address: 
9100 Wilshire Blvd 240w
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
310-623-1926


* 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.