60 Day Notice 2021-02768

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2021-02768
Notice PDF: 
PDF icon 2021-02768.pdf
Date Filed: 
11/01/2021
Noticing Party: 
Consumer Advocacy Group
Plaintiff Attorney: 
Yeroushalmi & Yeroushalmi
Alleged Violators: 
Max Q UK Ltd
The TJX Companies, Inc.
Homegoods, Inc.
Chemicals: 
Arsenic (inorganic arsenic compounds)
Arsenic (inorganic oxides)
Source: 
Cumin Powder

60-Day Notice Document

Civil Complaint
AG Number:
2021-02768
Complaint PDF: 
PDF icon 2021-02768C7855.pdf
Date Filed:
06/22/2022
Case Name: 
Consumer Advocacy Group, Inc. v. The TJX Companies, Inc.
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
22STCV20457
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
The TJX Companies Inc.
Urban Expressions, Inc.
Type of Claim: 
Failure to Warn
toxic-tort
Relief Sought: 
Warning
Civil Penalty
Injunction
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Yeroushalmi
Email Address:
admin@yeroushalmi.com
Address: 
9100 Wilshire Boulevard Suite 240 W
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 323-1926
Comments: 
This is the same Complaint that was uploaded under AG 2020-02148, and pertains to AG 2021-02975
Settlement
AG Number:
2021-02768
Settlement PDF: 
PDF icon 2021-02768S1638.pdf
Settlement Date:
05/04/2023
Case Name: 
Consumer Advocacy Group, Inc v. The TJX Companies, Inc.,
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
22STCV20457
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
Max Q UK Ltd
Injunctive Relief: 
For any Covered Products that exceeds 15 parts per billion (“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 cancer and birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov/food. 3.2 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 Arsenic. Any warning provided pursuant to this section shall comply with the warning requirements under Section 3.2 above. 3.3 For any Covered Product which includes consumer information in a language other than English and where the Defendant uses a consumer product sign or label to provide a warning, the warning must also be provided in that foreign language in addition to English. 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.
*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) 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 portion of the total Settlement 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
Will settlement be submitted to court?
Yes
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Yeroushalmi Law Firm
Email Address:
admin@Yeroushalmi.com
Address: 
9100 Wilshire Blvd 240w
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
Judgment
AG Number:
2021-02768
Judgment PDF: 
PDF icon 2021-02768J5005.pdf
Judgment Date:
07/11/2023
Settlement reported to AG: 
Thu, 05/04/2023
Case Name: 
Consumer Advocacy Group, Inc v. The TJX Companies, Inc.,
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
22STCV20457
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
Max Q UK Ltd
Injunctive Relief: 
For any Covered Products that exceeds 15 parts per billion (“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 cancer and birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov/food. 3.2 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 Arsenic. Any warning provided pursuant to this section shall comply with the warning requirements under Section 3.2 above. 3.3 For any Covered Product which includes consumer information in a language other than English and where the Defendant uses a consumer product sign or label to provide a warning, the warning must also be provided in that foreign language in addition to English. 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.
*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) 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 portion of the total Settlement 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?
Yes
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Yeroushalmi Law Firm
Email Address:
admin@Yeroushalmi.com
Address: 
9100 Wilshire Blvd 240w
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926

* 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.