Settlement Date:
01/15/2025
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:
3.1 After the Effective Date, Defendant shall not order the Purse for sale in California
unless it contains DEHP in concentrations less than 0.1% by weight ( 1,000 parts per million
“ppm”). For any Purse that is ordered for sale in California prior to the Effective Date that contains
DEHP in concentrations over than 0.1% by weight ( 1,000 parts per million “ppm”). Defendant
must provide a Proposition 65 compliant warning for the Purse as permitted by Proposition 65 and
its implementing regulations or as set forth below. The Parties agree that the following language shall constitute compliance with Proposition 65 with respect to the alleged DEHP in
Purse ordered for manufacture by Defendant prior to the Effective Date
WARNING: This product can expose you to chemicals including Di(2-
ethylhexyl)phthalate (DEHP). which is known to the State of California to
cancer and birth defects or other reproductive harm. For more information
go to www.P65Warnings.ca.gov.
After the Effective Date, Defendant shall not order Sweet Smoked Paprika for sale in
California unless the level of Arsenic does not exceed 20 parts per billion (“ppb”), unless
Proposition 65 compliant warnings are used as set forth below. For any Sweet Smoked Paprika
that exceeds 20ppb of Arsenic that are ordered for manufacture for sale into California after the
Effective Date, Defendant must provide a Proposition 65 compliant warning for the Sweet
Smoked Paprika as permitted by Proposition 65 and its implementing regulations or as set forth
below. The Parties agree that the following warning language shall constitute compliance with
Proposition 65 with respect to the alleged Arsenic in the Sweet Smoked Paprika that are ordered
for manufacture by Defendant after the Effective Date:
^chemicals WARNING including : Consuming Inorganic Arsenic this product Oxides, which are known to
the State of California to cause birth defects or other reproductive
harm. For more information go to \\ v\ U .P65 W ai nings.c
Any warning provided pursuant to this section shall be affixed to the packaging of,
or directly on, the Covered Product, 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 or a sign referring to 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 Changes in the law and regulations applicable to Prop 65, including changes
resulting from federal and/or state court rulings, occurring after this date may be incorporated into
the terms of this Consent Judgment, pursuant to the modification provisions set forth in Section 7.
3.5 Covered Products already distributed to Downstream Releasees prior to the
Effective Date may continue to be sold through as is
*Non-Contingent Civil Penalty:
$ 5,720.00
Attorney(s) Fees and Costs:
$ 60,000.00
Payment in Lieu of Penalty:
$ 4,280.00 (Defendant shall make a separate
payment, in the amount of four thousand two hundred and eighty dollars ($4,280.00) 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 a 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 settle payment)
Total Payments:
$ 70,000.00
Will settlement be submitted to court?
Contact Organization:
Yeroushalmi & Yeroushalmi Law Firm
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
