60 Day Notice 2019-01547

AG Number: 
2019-01547
Notice PDF: 
Date Filed: 
08/12/2019
Noticing Party: 
Consumer Advocacy Group, Inc.
Alleged Violators: 
Nordstrom, Inc.
Accessory Myxx LLC
Nordstrom Rack HQ
Accessory Myxx LLC
Dogleg Productions, Inc.
Nordstrom Rack
Chemicals: 
Di(2-ethylhexyl)phthalate (DEHP)
Source: 
Lunch Bag with PVC Components

60-Day Notice Document

Civil Complaint
AG Number:
2019-01547
Complaint PDF: 
Date Filed:
06/16/2020
Case Name: 
CAG v. Nordstrom, Inc., et al
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
20STCV22602
Plaintiff: 
Consumer Advocacy Group
Plaintiff Attorney: 
Yeroushalmi & Yeroushalmi
Defendant: 
Nordstrom, Inc.
Nordstrom Rack HQ
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Yeroushalmi
Email Address:
Address: 
9100 Wilshire Blvd., Ste 240W
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
Comments: 
This Complaint relates to AG Notice Number 2019-01810
Settlement
AG Number:
2019-01547
Settlement PDF: 
Settlement Date:
09/08/2021
Case Name: 
Consumer Advocacy Group, Inc. v Nordstrom, Inc., et al.
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
20STCV22602
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
Nordstrom, Inc.
Injunctive Relief: 
Defendant shall not order any Covered Products for sale into California, unless the level of DEHP and DINP in the Covered Products does not exceed more than 0.1% (1,000 parts per million) by weight. For any Covered Products still existing in Defendant's inventory as of the Effective Date that do not meet reformulation levels in Section 3.1 and that are sold in California, Defendant shall place a Proposition 65 compliant warning on them.
*Non-Contingent Civil Penalty:
$ 14,300.00
Attorney(s) Fees and Costs:
$ 50,000.00
Payment in Lieu of Penalty:
$ 10,700.00  ($14,300.00 (One check payable to OEHHA in the amount of $10,725 (75%) and one check payable to CAG in the amount of $3,575 (25%). CAG will use the payment in lieu of the civil penalties for such projects and purposes related to environmental protection, worker health and safety, or reduction of human exposure to hazardous substances.) )
Total Payments:
$ 75,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Yeroushalmi
Email Address:
admin@yeroushalmi.com
Address: 
9100 Wilshire Blvd., Ste 240W
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
Fax Number:
(310) 623-1930
Comments: 
Related to: AG2019-01810 and AG2020-02541
Judgment
AG Number:
2019-01547
Judgment PDF: 
Judgment Date:
10/29/2021
Settlement reported to AG: 
Wed, 09/08/2021
Case Name: 
CAG v. Nordstrom, Inc, et al.
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
20STCV22602
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
Nordstrom, Inc.
Nordstrom Rack HQ
Injunctive Relief: 
After the Effective Date, Settling Defendant shall not order any Covered Products for sale into California, with any component that contains the Listed Chemical in excess of 0.1% (1,000 parts per million) by weight. Any Covered Products that Settling Defendant sells, distributes, or ships into California after the Effective Date that were ordered for manufacture prior to the Effective Date, must contain a clear and reasonable Proposition 65 warning, unless it contains no more than 0.1% by weight (1,000 ppm) of the Listed Chemical(s). Any warnings provided pursuant to Section 3.2 shall be affixed to the packaging of, or directly on, or attached to 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. For any covered products still existing in Defendant's inventory as of the effective date that do not meet the reformulation levels in Section 3.1 and that are sold in California, Defendant shall place a Proposition 65 compliant warning on them.
*Non-Contingent Civil Penalty:
$ 14,300.00
Attorney(s) Fees and Costs:
$ 50,000.00
Payment in Lieu of Penalty:
$ 10,700.00  (CAG will use this portion of the total settlement payment as follows, eighty-five percent (85%) for fees of investigation, purchasing, and testing for Proposition 65 Listed Chemical 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 the Proposition 65 Listed Chemical. Fifteen (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.)
Total Payments:
$ 75,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Yeroushalmi
Email Address:
admin@yeroushalmi.com
Address: 
9100 Wilshire Blvd., #240w
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
Fax Number:
(310) 623-1930


* 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.