60 Day Notice 2019-02409

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2019-02409
Notice PDF: 
PDF icon 2019-02409.pdf
Date Filed: 
12/24/2019
Noticing Party: 
Consumer Advocacy Group, Inc.
Alleged Violators: 
Mitsuwa Marketplace
Mitsuwa Corporation
Mitsui Foods, Inc.
Mitsui Foods Co., Ltd.
Chemicals: 
Cadmium and cadmium compounds
Lead and lead compounds
Source: 
Dried Seaweed

60-Day Notice Document

Civil Complaint
AG Number:
2019-02409
Complaint PDF: 
PDF icon 2019-02409C6561.pdf
Date Filed:
12/15/2020
Case Name: 
CAG v. Mitsuwa , et al.
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
20STCV47785
Plaintiff: 
Consumer Advocacy Group
Plaintiff Attorney: 
Yeroushalmi & Yeroushalmi
Defendant: 
Mitsuwa Corporation
Central Boeki Calif., Ltd.
Pax's Distributors
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
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 Complaint is related to AG Numbers 2020-00772, 2020-01226, 2020-01233, 2020-01718, 2020-01785
Supplemental Settlement
AG Number:
2019-02409
Settlement PDF: 
PDF icon 2019-02409S1691.pdf
Settlement Date:
05/19/2023
Case Name: 
Consumer Advocacy Group, Inc. v. Mitsuwa Corporation, et al
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
20STCV47785
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
Mitsuwa Corporation
Central Boeki Calif., Ltd.,
Pax's Distributors
Injunctive Relief: 
3.1 After the Effective Date, Settling Defendants shall not manufacture, import, distribute, and/or sell in California any Dried Seaweed products without a Proposition 65 warning unless the level of Lead in such Dried Seaweed products does not exceed more than 75 parts per billion (“ppb”) and the level of Cadmium in such products does not exceed more than 85 ppb. For any Dried Seaweed products that exceed 75 ppb of Lead and/or 85 ppb of Cadmium and which are sold in California after the Effective Date, Settling Defendants must provide a Proposition 65 compliant warning for the Dried Seaweed products, as set forth below in Section 3.3. Any warning provided pursuant to this section shall be provided by retail store signage, or on the labeling of or affixed to the packaging of the Dried Seaweed products, and shall 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. Settling Defendants also agree to provide internet warnings compliant with Proposition 65 regulations for Dried Seaweed product available for sale through Settling Defendants’ online websites and distributed or sold to customers in California. 3.2 After the Effective Date, Settling Defendants shall not manufacture, import, distribute, and/or sell in California any Dried Baked Fish products without a Proposition 65 warning unless the level of Lead in such Dried Baked Fish products does not exceed more than 15 ppb. For any Dried Baked Fish products that exceed 15 ppb of Lead and are sold in California after the Effective Date, Settling Defendants must provide a Proposition 65 compliant warning for the Dried Baked Fish products, as set forth below in Section 3.3. Any warning provided pursuant to this section shall be provided by retail store signage, or on the labeling of, affixed to the packaging of, or directly on, the Dried Baked Fish products, and shall 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. Settling Defendants also agree to provide internet warnings compliant with Proposition 65 regulations for Dried Baked Fish products available for sale through Settling Defendants’ online websites and distributed or sold to customers in California. 3.3 The Parties agree that product label and/or package warnings stating that: [California Proposition 65] WARNING: Consuming this product can expose you to chemicals including lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov/food. or [California Proposition 65] WARNING: Cancer and Reproductive Harm www.P65Warnings.ca.gov. shall constitute compliance with Proposition 65 with respect to the alleged Listed Chemical(s) in the Covered Products manufactured, imported, distributed and/or sold by the Settling Defendants after the Effective Date. For any Covered Product where the product packaging includes "consumer information" (as defined in the Proposition 65 regulations) in a language other than English, the warning must also be provided on the product packaging in that foreign language in addition to English, but otherwise, the product package warning only needs to be provided in English. Warning language in brackets above is optional. The Parties further agree that retail warning signs placed in reasonably close proximity to Dried Seaweed Products sold in Mitsuwa’s California Stores stating that: [California Proposition 65] WARNING: Consuming [Insert Brands] seaweed products offered for sale on these shelves can expose you to chemicals including lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov/food. Or if Settling Defendants’ suppliers of all seaweed products that Settling Defendants offer for sale in California communicate that those seaweed products should be sold with a Proposition 65 warning, and/or if Settling Defendants have testing or have other information that supports the need for a warning on all seaweed products it offers for sale in California, Settling Defendants can at their option use the following retail warning sign: [California Proposition 65] WARNING: Consuming seaweed products offered for sale on these shelves can expose you to chemicals including lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov/food And that retail warning signs placed in reasonably close proximity to Dried Baked Fish Products sold in Mitsuwa’s California Stores stating that:[California Proposition 65] WARNING: Consuming [Insert Brands] baked and/or dried fish products offered for sale on these shelves can expose you to chemicals including Lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov/food. Or if Settling Defendants’ suppliers of all baked and/or dried fish products that Settling Defendants offer for sale in California communicate that those baked and/or dried fish products should be sold with a Proposition 65 warning, and/or if Settling Defendants have testing or have other information that supports the need for a warning on all dried fish products it offers for sale in California, Settling Defendants can at their option use the following retail warning sign: [California Proposition 65] WARNING: Consuming baked and/or dried fish products offered for sale on these shelves can expose you to chemicals including lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov/food shall constitute compliance with Proposition 65 with respect to the alleged Listed Chemical(s) in the seaweed and baked or dried fish products manufactured, imported, distributed and/or sold by Settling Defendants in California after the Effective Date. Language in brackets is optional. The warning provisions above do not affect the scope of the release for Covered Products that are Dried Baked Fish Products in Section 5. In lieu of the preceding warning content and methods set forth above, Settling Defendants may use any specific safe-harbor warning content and method applicable to the Covered Products set forth in Title 27, California Code of Regulations, section 25600 et seq., as amended August 30, 2018 and subsequently thereafter.
*Non-Contingent Civil Penalty:
$ 12,850.00
Attorney(s) Fees and Costs:
$ 88,000.00
Payment in Lieu of Penalty:
$ 9,420.00  (Additional Settlement Payments: Settling Defendants shall collectively make a separate payment, in the amount of nine thousand four hundred and twenty dollars ($9,420) by check payable to CAG as an additional settlement payment 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 payment as follows: eighty percent (80%) for fees of investigation, purchasing and testing of consumer products for Proposition 65 listed chemicals 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 Proposition 65 listed chemicals, 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 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 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:
$ 110,270.00
Will settlement be submitted to court?
Yes
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Yerousalmi
Email Address:
admin@yeroushalmi.com
Address: 
9100 Wilshire Boulevard Suite 240 W
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 323-1926
Comments: 
Settlement also pertains to: 2020-00772, 2020-01226, 2020-01233, 2020- 01718, 2020-01785
Settlement
AG Number:
2019-02409
Settlement PDF: 
PDF icon 2019-02409S1487.pdf
Settlement Date:
03/24/2023
Case Name: 
Consumer Advocacy Group, Inc v. Mitsuwa Corporation
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
20STCV47785
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
Mitsuwa Corporation
Central Boeki Calif., Ltd.
Injunctive Relief: 
3.1 After the Effective Date, Settling Defendants shall not manufacture, import, distribute, and/or sell in California any Dried Seaweed products without a Proposition 65 warning unless the level of Lead in such Dried Seaweed products does not exceed more than 75 parts per billion (“ppb”) and the level of Cadmium in such products does not exceed more than 85 ppb. For any Dried Seaweed products that exceed 75 ppb of Lead and/or 85 ppb of Cadmium and which are sold in California after the Effective Date, Settling Defendants must provide a Proposition 65 compliant warning for the Dried Seaweed products, as set forth below in Section 3.3. Any warning provided pursuant to this section shall be provided by retail store signage, or on the labeling of or affixed to the packaging of the Dried Seaweed products, and shall 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. Settling Defendants also agree to provide internet warnings compliant with Proposition 65 regulations for Dried Seaweed products available for sale through Settling Defendants’ online websites and distributed or sold to customers in California. 3.2 After the Effective Date, Settling Defendants shall not manufacture, import, distribute, and/or sell in California any Dried Baked Fish products without a Proposition 65 warning unless the level of Lead in such Dried Baked Fish products does not exceed more than 34 ppb. For any Dried Baked Fish products that exceed 34ppb of Lead and are sold in California after the Effective Date, Settling Defendants must provide a Proposition 65 compliant warning for the Dried Baked Fish products, as set forth below in Section 3.3. Any warning provided pursuant to this section shall be provided by retail store signage, or on the labeling of, affixed to the packaging of, or directly on, the Dried Baked Fish products, and shall 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. In lieu of the preceding warning content and methods set forth above, Settling Defendants may use any specific safe-harbor warning content and method applicable to the Covered Products set forth in Title 27, California Code of Regulations, section 25600 et seq., as amended August 30, 2018 and subsequently thereafter.
*Non-Contingent Civil Penalty:
$ 12,580.00
Attorney(s) Fees and Costs:
$ 88,000.00
Payment in Lieu of Penalty:
$ 9,420.00  (Settling Defendants shall collectively make a separate payment, in the amount of nine thousand four hundred and twenty dollars ($9,420) by check payable to CAG as an additional settlement payment 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 payment as follows: eighty percent (80%) for fees of investigation, purchasing and testing of consumer products for Proposition 65 listed chemicals 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 Proposition 65 listed chemicals, 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 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 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:
$ 110,000.00
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
Comments: 
Settlement also pertains to AG numbers: 2020-00772, 2020-01226, 2020-01233, 2020-01718, and 2020-01785
Judgment
AG Number:
2019-02409
Judgment PDF: 
PDF icon 2019-02409J4970.pdf
Judgment Date:
05/22/2023
Settlement reported to AG: 
Fri, 05/19/2023
Case Name: 
Consumer Advocacy Group, Inc v. Mitsuwa Corporation
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
20STCV47785
Plaintiff: 
Consumer Advocacy Group, Inc
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
Mitsuwa Corporation
Central Boeki Calif., Ltd.
Injunctive Relief: 
3.1 After the Effective Date, Settling Defendants shall not manufacture, import, distribute, and/or sell in California any Dried Seaweed products without a Proposition 65 warning unless the level of Lead in such Dried Seaweed products does not exceed more than 75 parts per billion (“ppb”) and the level of Cadmium in such products does not exceed more than 85 ppb. For any Dried Seaweed products that exceed 75 ppb of Lead and/or 85 ppb of Cadmium and which are sold in California after the Effective Date, Settling Defendants must provide a Proposition 65 compliant warning for the Dried Seaweed products, as set forth below in Section 3.3. Any warning provided pursuant to this section shall be provided by retail store signage, or on the labeling of or affixed to the packaging of the Dried Seaweed products, and shall 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. Settling Defendants also agree to provide internet warnings compliant with Proposition 65 regulations for Dried Seaweed product available for sale through Settling Defendants’ online websites and distributed or sold to customers in California. 3.2 After the Effective Date, Settling Defendants shall not manufacture, import, distribute, and/or sell in California any Dried Baked Fish products without a Proposition 65 warning unless the level of Lead in such Dried Baked Fish products does not exceed more than 15 ppb. For any Dried Baked Fish products that exceed 15 ppb of Lead and are sold in California after the Effective Date, Settling Defendants must provide a Proposition 65 compliant warning for the Dried Baked Fish products, as set forth below in Section 3.3. Any warning provided pursuant to this section shall be provided by retail store signage, or on the labeling of, affixed to the packaging of, or directly on, the Dried Baked Fish products, and shall 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. Settling Defendants also agree to provide internet warnings compliant with Proposition 65 regulations for Dried Baked Fish products available for sale through Settling Defendants’ online websites and distributed or sold to customers in California. 3.3 The Parties agree that product label and/or package warnings stating that: [California Proposition 65] WARNING: Consuming this product can expose you to chemicals including lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov/food. or [California Proposition 65] WARNING: Cancer and Reproductive Harm www.P65Warnings.ca.gov. shall constitute compliance with Proposition 65 with respect to the alleged Listed Chemical(s) in the Covered Products manufactured, imported, distributed and/or sold by the Settling Defendants after the Effective Date. For any Covered Product where the product packaging includes "consumer information" (as defined in the Proposition 65 regulations) in a language other than English, the warning must also be provided on the product packaging in that foreign language in addition to English, but otherwise, the product package warning only needs to be provided in English. Warning language in brackets above is optional. The Parties further agree that retail warning signs placed in reasonably close proximity to Dried Seaweed Products sold in Mitsuwa’s California Stores stating that: [California Proposition 65] WARNING: Consuming [Insert Brands] seaweed products offered for sale on these shelves can expose you to chemicals including lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov/food. Or if Settling Defendants’ suppliers of all seaweed products that Settling Defendants offer for sale in California communicate that those seaweed products should be sold with a Proposition 65 warning, and/or if Settling Defendants have testing or have other information that supports the need for a warning on all seaweed products it offers for sale in California, Settling Defendants can at their option use the following retail warning sign: [California Proposition 65] WARNING: Consuming seaweed products offered for sale on these shelves can expose you to chemicals including lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov/food And that retail warning signs placed in reasonably close proximity to Dried Baked Fish Products sold in Mitsuwa’s California Stores stating that:[California Proposition 65] WARNING: Consuming [Insert Brands] baked and/or dried fish products offered for sale on these shelves can expose you to chemicals including Lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov/food. Or if Settling Defendants’ suppliers of all baked and/or dried fish products that Settling Defendants offer for sale in California communicate that those baked and/or dried fish products should be sold with a Proposition 65 warning, and/or if Settling Defendants have testing or have other information that supports the need for a warning on all dried fish products it offers for sale in California, Settling Defendants can at their option use the following retail warning sign: [California Proposition 65] WARNING: Consuming baked and/or dried fish products offered for sale on these shelves can expose you to chemicals including lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov/food shall constitute compliance with Proposition 65 with respect to the alleged Listed Chemical(s) in the seaweed and baked or dried fish products manufactured, imported, distributed and/or sold by Settling Defendants in California after the Effective Date. Language in brackets is optional. The warning provisions above do not affect the scope of the release for Covered Products that are Dried Baked Fish Products in Section 5. In lieu of the preceding warning content and methods set forth above, Settling Defendants may use any specific safe-harbor warning content and method applicable to the Covered Products set forth in Title 27, California Code of Regulations, section 25600 et seq., as amended August 30, 2018 and subsequently thereafter.
*Non-Contingent Civil Penalty:
$ 12,850.00
Attorney(s) Fees and Costs:
$ 88,000.00
Payment in Lieu of Penalty:
$ 9,420.00  (Additional Settlement Payments: Settling Defendants shall collectively make a separate payment, in the amount of nine thousand four hundred and twenty dollars ($9,420) by check payable to CAG as an additional settlement payment 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 payment as follows: eighty percent (80%) for fees of investigation, purchasing and testing of consumer products for Proposition 65 listed chemicals 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 Proposition 65 listed chemicals, 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 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 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:
$ 110,270.00
Is Judgment Pursuant to Settlement?
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.