60 Day Notice 2019-02121

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2019-02121
Notice PDF: 
PDF icon 2019-02121.pdf
Date Filed: 
11/12/2019
Noticing Party: 
Consumer Advocacy Group, Inc.
Alleged Violators: 
Five Below
Five Below, Inc.
Susan Dunn Inc.
Sole Mates
Five Below Merchandising, Inc.
Chemicals: 
Di-n-butyl phthalate (DBP)
Source: 
Sandals with Plastic Components

60-Day Notice Document

Civil Complaint
AG Number:
2019-02121
Complaint PDF: 
PDF icon 2019-02121C7324.pdf
Date Filed:
06/17/2020
Case Name: 
Consumer Advocacy Group, Inc. v. Five Below, Inc., et al.
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
20STCV22881
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
Five Below, Inc.
Type of Claim: 
Toxic Tort / Environmental: Plaintiff alleges violations of Proposition 65's warning requirement, Health & Safety Code section 25249.6
Relief Sought: 
Civil Penalty
Injunction
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
Settlement
AG Number:
2019-02121
Settlement PDF: 
PDF icon 2019-02121S0545.pdf
Settlement Date:
05/25/2022
Case Name: 
Consumer Advocacy Group, Inc. v. Five Below, Inc., et al.
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
20STCV22881
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
Five Below, Inc.
1616 Holdings, Inc.
Injunctive Relief: 
After the Effective Date, and subject to the provisions of Section 4.3, Settling Defendants shall not order for sale in California any 1616 Private Label Sandals unless they are required to contain the Listed Chemical(s) in accessible components at a level at or below 0.1% (1,000 parts per million), by weight (the “Reformulation Standard”). Any 1616 Private Label Sandals ordered by Settling Defendants prior to the Effective Date that are received and subsequently sold in California after the Effective Date shall, unless they were required to meet the Reformulation Standard, be accompanied by a clear and reasonable warning, consistent with 27 California Code of Regulations (“CRR”) section 25600 et seq.
*Non-Contingent Civil Penalty:
$ 45,720.00
Attorney(s) Fees and Costs:
$ 180,000.00
Payment in Lieu of Penalty:
$ 34,280.00  (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 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 members’ time for work done on investigations, office supplies, mailing supplies, and postage. )
Total Payments:
$ 260,000.00
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
Comments: 
This settlement also relates to AG Nos: 2020-01558, 2020-01554, 2021-00188, and 2021-02019
Judgment
AG Number:
2019-02121
Judgment PDF: 
PDF icon 2019-02121J4836.pdf
Judgment Date:
07/14/2022
Settlement reported to AG: 
Wed, 05/25/2022
Case Name: 
Consumer Advocacy Group, Inc v. Five Below Inc.
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
20STCV22881
Plaintiff: 
CONSUMER ADVOCACY GROUP, INC.
Plaintiff Attorney: 
REUBEN YEROUSHALMI
Defendant: 
FIVE BELOW, INC.
Injunctive Relief: 
After the Effective Date, and subject to the provisions of Section 4.3, Settling Defendants shall not order for sale in California any 1616 Private Label Sandals unless they are required to contain the Listed Chemical(s) in accessible components at a level at or below 0.1% (1,000 parts per million), by weight (the “Reformulation Standard”). Any 1616 Private Label Sandals ordered by Settling Defendants prior to the Effective Date that are received and subsequently sold in California after the Effective Date shall, unless they were required to meet the Reformulation Standard, be accompanied by a clear and reasonable warning, consistent with 27 California Code of Regulations (“CRR”) section 25600 et seq
*Non-Contingent Civil Penalty:
$ 45,720.00
Attorney(s) Fees and Costs:
$ 180,000.00
Payment in Lieu of Penalty:
$ 34,280.00  (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 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)
Total Payments:
$ 260,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Yeroushalmi
Email Address:
admin@yeroushalmi.com
Address: 
9100 Wilshire Boulevard., Suite #240W
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1956
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.