Settlement Date:
12/04/2020
Case Name:
Hammond v American Union Luggage
Plaintiff Attorney:
Joseph D. Agliozzo, Law Corporation
Injunctive Relief:
3.1. Effective on and after the Effective Date AMERICAN UNION shall not sell the Covered Product for distribution in California unless the product is a “Reformulated Covered Product” as defined in Paragraph 3.2 or unless AMERICAN UNION provides a Compliant Warning as defined in Paragraph 3.3 for any non-reformulated Covered Product that it sells in California. Compliance with this Settlement Agreement by AMERICAN UNION shall constitute compliance under 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 (“accessible component” is defined as any component that could be touched by a person during reasonably foreseeable use). In order to determine compliance with this reformulation standard, AMERICAN UNION may rely on third party testing from an accredited laboratory.
3.3. The Parties agree that any of the following warnings shall constitute a “Compliant Warning” for the Listed Chemical in the Covered Product:
*Non-Contingent Civil Penalty:
$ 1,000.00
Attorney(s) Fees and Costs:
$ 17,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 18,000.00
Will settlement be submitted to court?
Contact Organization:
Joseph D. Agliozzo, Law Corporation
Address:
1601 N. Sepulveda Boulevard, 649
City, State, Zip:
Manhattan Beach, CA 90266
Phone Number:
(424) 241-3614
