Settlement Date:
04/07/2022
Case Name:
Consumer Advocacy Group, Inc. v. Kim Seng Company, et al.
Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Plaintiff Attorney:
Yeroushalmi & Yeorushalmi
Defendant:
Kim Seng Company DBA IHA Beverage, a California Corporation
Injunctive Relief:
After the Effective Date, Defendant shall not sell in California, offer for sale in California, or ship for sale in California any Covered Products unless the level of Lead does not exceed 34 parts per billion (“ppb”), and the level of Arsenic does not exceed 20 ppb without the warning set forth in Section 3.2. For any Covered Products that will be offered by Defendant for sale in California exceeding the levels specified in section 3.1, after the Effective Date, Defendant shall place a Proposition 65 compliant warning on these products as set forth below. Any warning provided pursuant to this section shall be affixed to the packaging of, or directly on, 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. The warning must be set off from other surrounding information, enclosed in a box. Where the packaging of 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. The Parties agree that current law permits the long-form or short-form warning to be used for food products. Where a short-form warning is used, the entire warning 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 the warning appear in a type size smaller than 6-point type. The Parties also agree that current law does not require the use of the “/food” on short-form warnings URL, but that such is recommended under a proposed regulation of OEHHA still in the regulatory process.
*Non-Contingent Civil Penalty:
$ 5,380.00
Attorney(s) Fees and Costs:
$ 65,625.00
Payment in Lieu of Penalty:
$ 3,995.00 (CAG will use this portion of the Total Settlement Payment as follows, eighty-five percent (85%) 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; fifteen percent (15%) 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.)
Total Payments:
$ 75,000.00
Will settlement be submitted to court?
Contact Organization:
Yeroushalmi & Yeroushalmi
Address:
9100 Wilshire Blvd Ste 240W
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
