Judgment Date:
07/09/2024
Settlement reported to AG:
Case Name:
Consumer Advocacy Group, Inc. v. Yoki Fashion International
Court Name:
Alameda County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Defendant:
Yoki Fashion International LLC
Injunctive Relief:
3.1 After the Effective Date, Yoki shall not sell or distribute for sale any Covered Products into
California, with any component that contains the Listed Chemicals in excess of 0.1% (1,000 parts
per million) by weight. 3.2 Any Covered Products that Yoki sells, distributes, or ships into
California after the Effective Date that were ordered prior to the Effective Date, must contain a
clear and reasonable warning. Covered Products that contain more than 0.1% DEHP shall carry
a warning for cancer and reproductive toxicity. Covered Products that contain more than 0.1%
DBP shall carry a warning for reproductive toxicity. The warnings shall be 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). Any warnings provided pursuant to this 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. Where the packaging of the Covered Product in existing inventory 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. Should Defendant sell or distribute any Covered Product in existing inventory through
the internet, the warning will be posted in the manner provided for with respect to internet sales,
as provided for in 27 CCR sections 25601 and 25602, as they may be subsequently amended.
*Non-Contingent Civil Penalty:
$ 22,868.00
Attorney(s) Fees and Costs:
$ 160,000.00
Payment in Lieu of Penalty:
$ 17,132.00 (Yoki shall issue one check for seventeen thousand one hundred and thirty two
dollars ($17,132.00) to "Consumer Advocacy Group, Inc." pursuant to Health & Safety Code §
25249.7(b) and California Code of Regulations, Title 11 § 3203(d). CAG will use this portion of
the Total Settlement Payment as follows, eighty percent (80%) for fees of investigation,
purchasing and testing for the 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, 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 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:
$ 200,000.00
Is Judgment Pursuant to Settlement?
Contact Organization:
Yeroushalmi & Yeroushalmi Law Firm
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
