60 Day Notice 2020-02218

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2020-02218
Notice PDF: 
PDF icon 2020-02218.pdf
Date Filed: 
08/28/2020
Noticing Party: 
Environmental Health Advocates
Plaintiff Attorney: 
Nicholas and Tomasevic, LLP
Alleged Violators: 
Blue Wave Products, Inc.
Amazon
Chemicals: 
Di(2-ethylhexyl)phthalate (DEHP)
Source: 
Blue Wave 8-ft Single Water Tube for Winter Pool Cover (Ea)

60-Day Notice Document

Civil Complaint
AG Number:
2020-02218
Complaint PDF: 
PDF icon 2020-02218C6559.pdf
Date Filed:
12/04/2020
Case Name: 
E.H.A. v. Blue Wave Products, Inc., et al.
Court Name: 
Alameda County Superior Court - Hayward
Court Docket Number: 
RG20081969
Plaintiff: 
Environmental Health Advocates, Inc.
Plaintiff Attorney: 
Nicholas & Tomasevic, LLP
Glick Law Group, P.C.
Defendant: 
Blue Wave Products, Inc.
Amazon.com, Inc.
Type of Claim: 
Health & Safety Code, § 25249
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
Valerie Garcia
Contact Organization: 
Glick Law Group
Email Address:
valerie@glicklawgroup.com
Address: 
225 Broadway, Suite 1900
City, State, Zip:
San Diego, CA 92101
Phone Number:
(619) 382-3400
Corrected Settlement
AG Number:
2020-02218
Settlement PDF: 
PDF icon 2020-02218S0914.pdf
Settlement Date:
09/13/2022
Case Name: 
EHA, Inc. v Blue Wave Products, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG20081969
Plaintiff: 
Environmental Health Advocates, Inc.
Plaintiff Attorney: 
Entorno Law, LLP
Defendant: 
Blue Wave Products, Inc.
Amazon.com, Inc.
Injunctive Relief: 
As of the Effective Date, and continuing thereafter, a clear and reasonable Proposition 65 warning as set forth in this §§ 2.1 and 2.2 must be provided for all Covered Products that Blue Wave manufactures, supplies and distributes for sale in California. This warning statement shall be prominently displayed on the Covered Products, on the packaging of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual under customary conditions prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. The same warning shall be posted on any websites under the exclusive control of Blue Wave where Covered Products are sold into California. Blue Wave shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products. The warning shall be provided to California consumers in a manner that complies with 27 C.C.R. § 25602(b). Specifically, for internet purchases, a warning must also be provided by including either the warning or a clearly marked hyperlink using the word "WARNING" on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase.
*Non-Contingent Civil Penalty:
$ 5,000.00
Attorney(s) Fees and Costs:
$ 45,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 50,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Samantha Mason
Contact Organization: 
Entorno Law, LLP
Email Address:
samantham@entornolaw.com
Address: 
225 Broadway, Suite 1900
City, State, Zip:
San Diego, CA 92101
Phone Number:
(619) 629-0514
Settlement
AG Number:
2020-02218
Settlement PDF: 
PDF icon 2020-02218S0865.pdf
Settlement Date:
09/13/2022
Case Name: 
EHA, Inc. v Blue Wave Products, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG20081969
Plaintiff: 
Environmental Health Advocates, Inc.
Plaintiff Attorney: 
Entorno Law, LLP
Defendant: 
Blue Wave Products, Inc.
Amazon.com, Inc.
Injunctive Relief: 
As of the Effective Date, and continuing thereafter, a clear and reasonable Proposition 65 warning as set forth in this §§ 2.1 and 2.2 must be provided for all Covered Products that Blue Wave manufactures, supplies and distributes for sale in California. This warning statement shall be prominently displayed on the Covered Products, on the packaging of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual under customary conditions prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. The same warning shall be posted on any websites under the exclusive control of Blue Wave where Covered Products are sold into California. Blue Wave shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products. The warning shall be provided to California consumers in a manner that complies with 27 C.C.R. § 25602(b). Specifically, for internet purchases, a warning must also be provided by including either the warning or a clearly marked hyperlink using the word "WARNING" on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase.
*Non-Contingent Civil Penalty:
$ 5,000.00
Attorney(s) Fees and Costs:
$ 45,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 50,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Samantha Mason
Contact Organization: 
Entorno Law, LLP
Email Address:
samantham@entornolaw.com
Address: 
225 Broadway, Suite 1900
City, State, Zip:
San Diego, CA 92101
Phone Number:
(619) 629-0514

* 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.