Judgment Date:
08/02/2022
Settlement reported to AG:
Case Name:
Consumer Advocacy Group, Inc v. The TJX Companies, Inc.,
Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, 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?
Contact Organization:
Yeroushalmi & Yeroushalmi Law Firm
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
310-623-1926