Judgment Date:
09/07/2023
Settlement reported to AG:
Case Name:
Consumer Advocacy Group, Inc. v. The TJX Companies, Inc.
Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
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 Arsenic does not exceed 20 parts
per billion (“ppb”) unless Proposition 65 compliant warnings are used as set forth in the following
paragraphs. 3.2 For any Covered Products that exceeds 20 ppb of Arsenic that are placed into
the stream of commerce in California after the Effective Date, Defendant must provide a
Proposition 65 compliant warning for the Covered 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. 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. The Parties agree
that the following warning language shall constitute compliance with Proposition 65 with respect
to the alleged Arsenic in the Covered Products placed into the stream of commerce by Defendant
after the Effective Date: WARNING: Consuming this product can expose you to Inorganic
Arsenic, a chemical known to the State of California to cause birth defects or other reproductive
harm. For more information go to www.P65Warnings.ca.gov/food. 3.3 For any Covered Products
still existing in the Defendant's inventory as of the Effective Date, Defendant shall place a
Proposition 65 compliant warning on them, unless the Covered Products does not exceed their
respective level Arsenic. Any warning provided pursuant to this section shall comply with the
warning requirements under Section 3.2 above. 3.4 For any Covered Product which includes
consumer information in a language other than English and where the Defendant uses a
consumer product sign, label, or shelf tag to provide a warning, the warning must also be
provided in that foreign language in addition to English. 3.5 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:
$ 25,720.00
Attorney(s) Fees and Costs:
$ 85,000.00
Payment in Lieu of Penalty:
$ 19,280.00 (Defendant shall make a separate payment, in the amount of nineteen thousand two
hundred and eighty dollars ($19,280.00) 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:
$ 130,000.00
Is Judgment Pursuant to Settlement?
Contact Organization:
Yeroushalmi & Yeroushalmi Law Firm
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
