60 Day Notice 2020-03512

AG Number: 
2020-03512
Notice PDF: 
Date Filed: 
12/28/2020
Noticing Party: 
Sara Hammond
Plaintiff Attorney: 
Joseph D. Agliozzo, Law Corporation
Alleged Violators: 
Pearl World, Inc.
Five Below, Inc.
Chemicals: 
Diisononyl phthalate (DINP)
Source: 
Alchemy Living 5 piece bath set reusable case UPC 8 1002469913 1

60-Day Notice Document

Settlement
AG Number:
2020-03512
Settlement PDF: 
Settlement Date:
10/01/2021
Case Name: 
Hammond v Pearl World Inc.
Court Name: 
None
Court Docket Number: 
Out of Court Settlement
Plaintiff: 
Sara Hammond
Plaintiff Attorney: 
Joseph D. Agliozzo, Law Corporation
Defendant: 
Pearl World, Inc.
Injunctive Relief: 
Effective on and after the Effective Date, PW shall not sell the Covered Products for distribution in California unless the products are “Reformulated Covered Products” as defined in Paragraph 3.2 or unless PW provides a Compliant Warning as defined in Paragraph 3.3 for any non-reformulated Covered Product that it sells in California. Compliance with this Settlement Agreement by PW shall constitute compliance under Proposition 65 with regard to Covered Products sold, offered for sale, imported, manufactured or otherwise distributed after the Effective Date. 3.2. For purposes of this Settlement Agreement, “Reformulated Covered Products” are Covered Products containing no more than 1,000 parts per million (0.1%) DEHP or DINP in any accessible component (“accessible component” is defined as any component that could be touched by a person during reasonably foreseeable use). In order to determine compliance with this reformulation standard, PW may rely on third party testing from Intertek, Bureau Veritas or any other accredited laboratory.
*Non-Contingent Civil Penalty:
$ 1,000.00
Attorney(s) Fees and Costs:
$ 24,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 25,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Joe Agliozzo
Contact Organization: 
Joseph D. Agliozzo, Law Corporation
Email Address:
joeags@gmail.com
Address: 
1601 N. Sepulveda Boulevard, 649
City, State, Zip:
Manhattan Beach, CA 90266
Phone Number:
(424) 241-3614


* 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.