Case Name:
Consumer Advocacy Group, Inc. v. WEEE! Inc.
Court Name:
Alameda County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Defendant:
Kam Lee Yuen Trading Co., Inc.
Injunctive Relief:
3.1 After the Effective Date, Defendant shall not sell in California, offer for sale in
California, or ship for sale in California any of the Covered Products unless the level of the
Listed Chemicals does not exceed the levels specified below, unless Proposition 65 compliant
warnings are used as set forth in the following paragraphs.
3.1.1 Seaweed: Lead of 75 parts per billion (“parts per billion” is hereinafter
referred to as “ppb”), Cadmium of 85 ppb, Arsenic of 15 ppb.
3.1.2 Dried Shrimp: Lead of 40 ppb, Cadmium of 85 ppb, Arsenic of 15 ppb.
3.1.3 Five Spice: Lead of 34ppb, Arsenic of 20 ppb.
3.1.4 Ground Cinnamon: Lead of 200ppb, Arsenic of 20 ppb.
3.1.5 Shrimp Sauce: Lead of 20ppb, Arsenic of 10 ppb.
3.2 For any Covered Products that exceeds their respective levels of Lead,
Cadmium, and/or 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 permitted by Proposition 65 and its implementing regulations or 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 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. The Parties agree that the
following warning language shall constitute compliance with Proposition 65 with respect to the
alleged Lead, Cadmium, and Arsenic in the Covered Products placed into the steam of
commerce by Defendant after the Effective Date:
For Covered Products containing Lead:
WARNING: Consuming this product can expose you to Lead, a
chemical known to the State of California to cause cancer and birth
defects or other reproductive harm. For more information go to
www.P65Warnings.ca.gov/food.
or
For Covered Products containing Cadmium:
WARNING: Consuming this product can expose you to Cadmium, a
chemical known to the State of California to cause cancer and birth
defects or other reproductive harm. For more information go to
www.P65Warnings.ca.gov/food.
or
For Covered Products containing Inorganic Arsenic:
WARNING: Consuming this product can expose you to Inorganic
Arsenic, a chemical known to the State of California to cause cancer
and 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 levels of Lead, Cadmium, and Arsenic. Any
warning provided pursuant to this section shall comply with the warning requirements under
Section 3.2 above. Products already distributed to Downstream Releasees prior to the Effective
Date may continue to be sold through as is.
3.4 Changes in the law and regulations applicable to Prop 65 occurring after this
date shall be incorporated into the terms of this Consent Judgment.
Payment in Lieu of Penalty:
$ 51,420.00 (Kam Lee shall issue one check for fifty-one
thousand four hundred and twenty dollars ($51,420.00) to “Consumer Advocacy Group, Inc.”
pursuant to Health & Safety Code § 25249.7(b) and California Code of Regulations, Title 11 §
3203(d). CAG will use this portion of the Total Settlement Payment as follows, eighty percent
(80%) for fees of investigation, purchasing and testing for the Proposition 65 Listed Chemical
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
the Proposition 65 Listed Chemical, 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 the 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 the 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.
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