60 Day Notice 2021-00577

AG Number: 
Notice PDF: 
Date Filed: 
Noticing Party: 
Sara Hammond
Plaintiff Attorney: 
Joseph D. Agliozzo, Law Corporation
Alleged Violators: 
Popatu Company
Ross Stores
Di(2-ethylhexyl)phthalate (DEHP)
Popatu Purse SKU_400223942857 UPC_0801064232976

60-Day Notice Document

AG Number:
Settlement PDF: 
Settlement Date:
Case Name: 
Hammond v Posh Trend Inc.
Court Name: 
Court Docket Number: 
Out of Court Settlement
Sara Hammond
Plaintiff Attorney: 
Joseph D. Agliozzo, Law Corporation
Posh Trend Inc.
Injunctive Relief: 
3.1. Effective on and after the Effective Date PTI 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 PTI 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 PTI 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 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, PTI may rely on third party testing from an accredited laboratory.
*Non-Contingent Civil Penalty:
$ 500.00
Attorney(s) Fees and Costs:
$ 16,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 16,500.00
Will settlement be submitted to court?
Contact Name: 
Joe Agliozzo
Contact Organization: 
Joseph D. Agliozzo, Law Corporation
Email Address:
1601 N. Sepulveda Boulevard, 649
City, State, Zip:
Manhattan Beach, CA 90266
Phone Number:
(424) 241-3614
Plaintiff's attorney did not receive the signature page of the settlement from defendant until today, November 11, 2021. Therefore, even though the settlement was represented as signed by all parties on October 20, 2021, the plaintiff's attorney could not upload a copy until today.

* 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.