60 Day Notice 2020-00078

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2020-00078
Notice PDF: 
PDF icon 2020-00078.pdf
Date Filed: 
01/09/2020
Noticing Party: 
Consumer Advocacy Group, Inc.
Alleged Violators: 
Tokyo Central
Marukai Corporation dba Tokyo Central
Marukai Corporation
Chemicals: 
Arsenic (inorganic arsenic compounds)
Cadmium
Lead and lead compounds
Source: 
Roasted Seaweed

60-Day Notice Document

Civil Complaint
AG Number:
2020-00078
Complaint PDF: 
PDF icon 2020-00078C6327.pdf
Date Filed:
05/19/2020
Case Name: 
CAG v. Marukai Corporation
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
20STCV19170
Plaintiff: 
Consumer Advocacy Group
Plaintiff Attorney: 
Yeroushalmi & Yeroushalmi
Defendant: 
Marukai Corporation dba Tokyo Central
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 Boulevard Suite 240W
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
Comments: 
This Complaint is related to AG Number 2020-00318
Corrected Settlement
AG Number:
2020-00078
Settlement PDF: 
PDF icon 2020-00078S0548.pdf
Settlement Date:
05/03/2022
Case Name: 
Consumer Advocacy Group, Inc. v. Marukai Corporation
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
20STCV19170
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
Marukai Corporation dba Tokyo Central
Injunctive Relief: 
After the Effective Date, Defendant shall not sell in California, offer for sale in California, or ship for sale in California any Covered Products, unless the level of Lead does not exceed 75 parts per billion (“ppb”), the level of Cadmium, does not exceed 85 ppb, and the level of Arsenic does not exceed 15ppb or unless Proposition 65 compliant warnings are used as set forth in the following paragraphs. For any Covered Products that exceeds their respective levels of Lead, Arsenic or Cadmium that are placed into the stream of commerce in California after the Effective Date, Defendant must provide a Proposition 65 compliant warning for the Covered Products as set forth below. 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, enclosed in a box. 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.
*Non-Contingent Civil Penalty:
$ 8,600.00
Attorney(s) Fees and Costs:
$ 85,000.00
Payment in Lieu of Penalty:
$ 6,400.00  (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.)
Total Payments:
$ 100,000.00
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: 
Please note that the caption page of the attached settlement has been corrected to reflect the accurate case number of 20STCV19170.
Settlement
AG Number:
2020-00078
Settlement PDF: 
PDF icon 2020-00078S0510.pdf
Settlement Date:
05/03/2022
Case Name: 
Consumer Advocacy Group, Inc. v. Marukai Corporation
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
20STCV19170
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Yeroushalmi & Yeroushalmi
Defendant: 
Marukai Corporation dba Tokyo Central
Injunctive Relief: 
After the Effective Date, Defendant shall not sell in California, offer for sale in California, or ship for sale in California any Covered Products, unless the level of Lead does not exceed 75 parts per billion (“ppb”), the level of Cadmium, does not exceed 85 ppb, and the level of Arsenic does not exceed 15ppb or unless Proposition 65 compliant warnings are used as set forth in the following paragraphs. For any Covered Products that exceed their respective levels of Lead, Arsenic, or Cadmium that is placed into the stream of commerce in California after the Effective Date, Defendant must provide a Proposition 65 compliant warning for the Covered Products as set forth below. 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, enclosed in a box. 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.
*Non-Contingent Civil Penalty:
$ 8,600.00
Attorney(s) Fees and Costs:
$ 85,000.00
Payment in Lieu of Penalty:
$ 6,400.00  (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.)
Total Payments:
$ 100,000.00
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 executed settlement is related to AG #2020-00318

* 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.