Judgment Date:
08/21/2023
Settlement reported to AG:
Case Name:
Consumer Advocacy Group, Inc v. Eden Foods, Inc.
Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Injunctive Relief:
After the Compliance Date, Defendant shall not manufacture to sell in California, offer for sale in
California, or ship for sale in California any Seaweed or Sea Vegetables unless the level of Lead
does not exceed 75 parts per billion (“ppb”) and the level of Cadmium does not exceed 85 ppb,
and the level of Arsenic does not exceed 20 ppb unless Proposition 65 compliant warnings are
used as set forth in the following paragraphs. 3.2 After the Compliance Date, Defendant shall not
sell in California, offer for sale in California, or ship for sale in California any Pickled Ginger
unless the level of Lead does not exceed 33 ppb unless Proposition 65 compliant warnings are
used as set forth in the following paragraphs. 3.3 For any Covered Products that exceeds their
respective levels of Lead, Cadmium and/or Arsenic that are placed into the stream of commerce
in California by Defendant after the Compliance Date, Defendant must provide a Proposition 65
compliant warning for the Covered Products as set forth below. Defendant shall provide
compliant warnings for cancer and reproductive toxicity for Covered Products containing Lead
and/or Cadmium at a level above those identified above. Defendant shall provide compliant
warnings for reproductive toxicity for Covered Products containing Arsenic at a level above those identified above. The language of the warnings and method for providing any warnings for the
Covered Products shall be compliant with Title 27, California Code of Regulations, § 25600, et
seq. Where a sign, or label used for 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. Should Defendant sell
or distribute any Covered Product through the internet the warning will be posted in the manner
provided for with respect to internet sales, as provided for in 27 CCR sections 25601 and 25602,
as they may be subsequently amended. 3.4 Changes in the law and regulations applicable to
Prop 65 occurring after this date shall be incorporated into the terms of this Consent Judgment.
*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 percent (80%) 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; 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:
$ 200,000.00
Is Judgment Pursuant to Settlement?
Contact Organization:
Yeroushalmi & Yeroushalmi Law Firm
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
