Judgment Date:
07/29/2024
Settlement reported to AG:
Case Name:
Consumer Advocacy Group, Inc. v. Midland Hardware Co. No. 4
Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Injunctive Relief:
3.1 After the Effective Date, Kittrich 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. 3.2 Any Covered Products that Kittrich sells, distributes, or ships into California
after the Effective Date that were ordered prior to the Effective Date, must contain a clear and
reasonable warning for cancer, 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. 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. Defendant will not sell
or distribute the Covered Product in existing inventory for sale over the internet without providing
a warning 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. Where a label used for a
Covered Product in existing inventory that exceeds 0.1% of the Listed Chemical includes consumer information as defined by California Code of Regulations Title 27 Section 25600.1(c) in
a language other than English, the warning must be provided in that language in addition to
English. 3.3 Covered Products already distributed to Downstream Releasees prior to the
Effective Date may continue to be sold through as is.
*Non-Contingent Civil Penalty:
$ 57,156.00
Attorney(s) Fees and Costs:
$ 325,000.00
Payment in Lieu of Penalty:
$ 42,844.00 (Kittrich shall issue one check for forty-two thousand and eight hundred forty-four
dollars ($42,844.00) to “Consumer Advocacy Group, Inc.” pursuant to Health & Safety 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 Chemical 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 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
Chemical 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
Chemical 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:
$ 425,000.00
Is Judgment Pursuant to Settlement?
Contact Organization:
Yeroushalmi & Yeroushalmi Law Firm
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
