60 Day Notice 2020-02073

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2020-02073
Notice PDF: 
PDF icon 2020-02073.pdf
Date Filed: 
08/11/2020
Noticing Party: 
Consumer Advocacy Group
Alleged Violators: 
Island Treat
Henry Ferrera Collection
Groupon, Inc.
United Family Trading Corp.
United Family Trading Corp dba henry Ferrera
Chemicals: 
Di-n-butyl phthalate (DBP)
Source: 
Sandals

60-Day Notice Document

Civil Complaint
AG Number:
2020-02073
Complaint PDF: 
PDF icon 2020-02073C6520.pdf
Date Filed:
11/19/2020
Case Name: 
CAG v. Groupon
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG20080746
Plaintiff: 
Consumer Advocacy Group
Plaintiff Attorney: 
Yeroushalmi & Yeroushalmi
Defendant: 
Groupon, Inc.
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
Corrected Settlement
AG Number:
2020-02073
Settlement PDF: 
PDF icon 2020-02073S1258.pdf
Settlement Date:
01/19/2023
Case Name: 
Consumer Advocacy Group, Inc v. Groupon, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG20080746
Plaintiff: 
Consumer Advocacy Group, Inc
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
Groupon, Inc.
Injunctive Relief: 
After the Effective Date, Groupon shall not order any Covered Products for sale into California, with any component that contains the Listed Chemical(s) in excess of 0.1% (1,000 parts per million) by weight. For the purposes of this injunction, Groupon is not considered the seller of, and shall not be responsible under this agreement for, products offered exclusively by third parties on websites hosted by Groupon or its affiliates. Any Covered Products that were ordered prior to the Effective Date by Groupon, must be destroyed or caused to be destroyed by Groupon; or If Groupon sells, distributes, or ships for sale into California any Covered Products, it must contain a clear and reasonable warning, consistent with 27 CCR section 25600 et seq., unless it contains no more than 0.1% by weight (1,000 ppm) of the Listed Chemical(s). Any warnings provided pursuant to this Section 3.2 shall be affixed to the packaging of, or directly on, or attached to 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 will also be provided by posting a warning for the Covered Products at each point of display of the product or in the manner proved for with respect to internet sales, as provided for in 27 CR section 25601 and 25602, as they may be subsequently amended. Covered Products already distributed to Downstream Releases prior to the Effective Date may continue to be sold as through as is.
*Non-Contingent Civil Penalty:
$ 28,600.00
Attorney(s) Fees and Costs:
$ 130,000.00
Payment in Lieu of Penalty:
$ 21,400.00  (Defendant Releases shall issue a third check for twenty-one thousand four hundred dollars and zero cents ($21,400.00) made payable to "Consumer Advocacy Group, Inc." pursuant to Health & Saftey 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 Chemcial 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 consultants and retaining experts who assist with the extensive scientific analysis necessary for those files in litigation and to offset the cost of future litigation enforcing Proposition 65 Listed Chemical 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 Chemical by notifying those persons and/or entities believed to be responsible for such exposures and attempting to pursuafe 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 Chemical including but not limited to the cost of documentation and tracking of products investigated, storage of products, website enhancement and maintenance, computer software maintenance, investigative equipment, CAG's member's time for work done on investigations, office supplies, mailing supplies and postage. Within thirty (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:
$ 180,000.00
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: 
N/A
Settlement
AG Number:
2020-02073
Settlement PDF: 
PDF icon 2020-02073S1197.pdf
Settlement Date:
11/22/2022
Case Name: 
Consumer Advocacy Group, Inc v. Groupon, Inc.
Court Name: 
Alameda County Superior Court - Hayward
Court Docket Number: 
RG20080746
Plaintiff: 
Consumer Advocacy Group, Inc
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
Groupon, Inc.
Injunctive Relief: 
After the Effective Date, Groupon shall not order any Covered Products for sale into California, with any component that contains the Listed Chemical(s) in excess of 0.1% (1,000 parts per million) by weight. For the purposes of this injunction, Groupon is not considered the seller of, and shall not be responsible under this agreement for, products offered exclusively by thrid parties on websites hosted by Groupon or its affiliates. Any Covered Products that were ordered prior to the Effective Date by Groupon, must be destroyed or caused to be destroyed by Groupon; or If Groupon sells, distributes, or ships for sale into California any Covered Products, it must contain a clear and reasonable warning, consistent with 27 CCR section 25600 et seq., unless it contains no more than 0.1% by weight (1,000 ppm) of the Listed Chemical(s). Any warnings provided pursuant to this Section 3.2 shall be affixed to the packaging of, or directly on, or attached to 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 read and be understood by an ordinary individual under customary conditions before purchase or use. Covered Products already distributed to Downstream Releases prior to the Effective Date may continue to be sold through as is.
*Non-Contingent Civil Penalty:
$ 286,000.00
Attorney(s) Fees and Costs:
$ 130,000.00
Payment in Lieu of Penalty:
$ 21,400.00  (Defendant Releases shall issue a third check for twenty-one thousand four hundred dollars and zero cents ($21,400.00) made payable to "Consumer Advocacy Group, Inc." pursuant to Health & Safety Code § 25249.7(b) and California Code of Regulations, Title § 3203(d). CAG will use this portion of the Total Settlement Payment as follows; eighty percent (80%) for fees of investigation, purchasing, and testing products for the Proposition 65 Listed Chemical in various products, 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 hesitated, storage of products, website enhancement and maintenance, computer and software maintenance, investigation 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 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:
$ 437,400.00
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
Judgment
AG Number:
2020-02073
Judgment PDF: 
PDF icon 2020-02073J4924.pdf
Judgment Date:
02/17/2023
Settlement reported to AG: 
Mon, 11/21/2022
Case Name: 
Consumer Advocacy Group, Inc v. Groupon, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG20080746
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
Groupon, Inc.
Injunctive Relief: 
After the Effective Date, Groupon shall not order any Covered Products for sale into California, with any component that contains the Listed Chemical(s) in excess of 0.1% (1,000 parts per million) by weight. For the purposes of this injunction, Groupon is not considered the seller of, and shall not be responsible under this agreement for, products offered exclusively by third parties on websites hosted by Groupon or its affiliates. Any Covered Products that were ordered prior to the Effective Date by Groupon, must be destroyed or caused to be destroyed by Groupon; or If Groupon sells, distributes, or ships for sale into California any Covered Products, it must contain a clear and reasonable warning, consistent with 27 CCR section 25600 et seq., unless it contains no more than 0.1% by weight (1,000 ppm) of the Listed Chemical(s). Any warnings provided pursuant to this Section 3.2 shall be affixed to the packaging of, or directly on, or attached to 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 will also be provided by posting a warning for the Covered Products at each point of display of the product or in the manner proved for with respect to internet sales, as provided for in 27 CR section 25601 and 25602, as they may be subsequently amended. Covered Products already distributed to Downstream Releases prior to the Effective Date may continue to be sold as through as is.
*Non-Contingent Civil Penalty:
$ 28,600.00
Attorney(s) Fees and Costs:
$ 130,000.00
Payment in Lieu of Penalty:
$ 21,400.00  (Defendant Releases shall issue a third check for twenty-one thousand four hundred dollars and zero cents ($21,400.00) made payable to "Consumer Advocacy Group, Inc." pursuant to Health & Saftey 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 Chemcial 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 consultants and retaining experts who assist with the extensive scientific analysis necessary for those files in litigation and to offset the cost of future litigation enforcing Proposition 65 Listed Chemical 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 Chemical by notifying those persons and/or entities believed to be responsible for such exposures and attempting to pursuafe 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 Chemical including but not limited to the cost of documentation and tracking of products investigated, storage of products, website enhancement and maintenance, computer software maintenance, investigative equipment, CAG's member's time for work done on investigations, office supplies, mailing supplies and postage. Within thirty (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:
$ 180,000.00
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.