Judgment Date:
08/08/2022
Settlement reported to AG:
Case Name:
Consumer Advocacy Group, Inc. v. GW Supermarket of Rosemead,
Court Name:
Los Angeles County Superior Court
Plaintiff:
CONSUMER ADVOCACY GROUP, INC.
Injunctive Relief:
After the Effective Date, Defendant shall not sell in California, offer for sale in California, or ship for sale in California any Dried Anchovies unless the level of Lead does not exceed 34 parts per billion (“ppb”) and the level of Cadmium does not exceed 85 ppb. After the Effective Date, Defendant shall not sell in California, offer for sale in California, or ship for sale in California any Black Fungus unless the level of Lead does not exceed 20 ppb.
*Non-Contingent Civil Penalty:
$ 11,440.00
Attorney(s) Fees and Costs:
$ 180,000.00
Payment in Lieu of Penalty:
$ 8,560.00 (Defendant shall make a separate payment, in the amount of eight thousand five hundred and sixty dollars ($8,560.00) 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). Defendant will issue a separate check to CAG for the Additional Settlement Payment. CAG will use this payment as follows, eighty five percent (85%) for fees of investigation, purchasing and testing 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; fifteen percent (15%) 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:
$ 200,000.00
Is Judgment Pursuant to Settlement?
Contact Organization:
Yeroushalmi & Yeroushalmi
Address:
9100 Wilshire Boulevard., Suite #240W
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1956
Fax Number:
(310) 623-1930