60 Day Notice 2019-02298

AG Number: 
2019-02298
Notice PDF: 
Date Filed: 
12/11/2019
Noticing Party: 
Consumer Advocacy Group, Inc.
Alleged Violators: 
99 Ranch market #18
CTC Food International Inc.
CTC Food International Inc. dba Oriental Trading Co. International
99 Ranch Market
Tawa Supermarket, Inc.
Chemicals: 
Arsenic (inorganic arsenic compounds)
Arsenic (inorganic oxides)
Source: 
Roasted Seaweed

60-Day Notice Document

Civil Complaint
AG Number:
2019-02298
Complaint PDF: 
Date Filed:
12/18/2020
Case Name: 
Consumer Advocacy Group, Inc v. Tawa Supermarket, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG20083486
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
Tawa Supermarket, Inc.
CTC Food International, Inc.
Type of Claim: 
Failure to Warn
Toxic-Tort
Relief Sought: 
Warning
Civil Penalty
Injunction
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Yeroushalmi Law Firm
Email Address:
Address: 
9100 Wilshire Blvd 240w
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
Comments: 
Complaint also pertains to AG # 2020-02144
Settlement
AG Number:
2019-02298
Settlement PDF: 
Settlement Date:
06/05/2023
Case Name: 
Consumer Advocacy Group, Inc v. Tawa Supermarket, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG20083486
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
CTC Food International, Inc.
Injunctive Relief: 
3.1 Any Covered Products that Settling Defendant manufactures, distributes, offers for sale, sells, or ships for sale after the Effective Date must contain a clear and reasonable warning, consistent with California Code of Regulations title 27 §25600 et seq. as currently exists. The Parties agree, understand, and admit that it is not required that each chemical on the Proposition 65 list of chemicals (27 CCR § 27001, as may be amended) (“Proposition 65 Chemical List”) found in a Covered Product be incorporated into any warning. Any warning provided pursuant to this section shall be affixed to the packaging of, or directly on, 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. The warning must be set off from other surrounding information and enclosed in a box. The warning box may be black or white, at Settling Defendant’s discretion, in 6-point font or larger. Settling Defendant’s use of the warning attached hereto as Exhibit 1 shall be deemed compliance with Proposition 65 as to two or more chemicals and each endpoint (cancer and reproductive harm). Where the packaging of the Covered Product 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 in order for Defendant to avail itself of the Proposition 65 “safe harbor”. Should Defendant sell or distribute any Covered Product through the internet, to comply with the “safe harbor” provisions, 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. If any future issues arise that are in any way related to the Covered Products, Plaintiff will abide by, and Defendant can use the resolution process set forth in, Consent Judgment One. Plaintiff agrees to and acknowledges its affirmative obligations in Consent Judgment One. 3.2 Any warning provided pursuant to this section shall comply with the warning requirements under Section 3.1 above, and provided the packaging complies with Section 3.1 above, CAG agrees to not pursue further Proposition 65 claims against Defendant for Covered Products containing any listed chemical.
*Non-Contingent Civil Penalty:
$ 8,580.00
Attorney(s) Fees and Costs:
$ 120,000.00
Payment in Lieu of Penalty:
$ 6,420.00  (Additional Settlement Payments: Defendant shall issue one check for six thousand four hundred and twenty dollars ($6,420.00) to “Consumer Advocacy Group, Inc.” pursuant to Health & Safety Code § 25249.7(b) and California Code of Regulations, Title 11 § 3203(d). CAG 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:
$ 135,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Yeroushalmi Law Firm
Email Address:
admin@Yeroushalmi.com
Address: 
9100 Wilshire Blvd 240w
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926


* 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.