60 Day Notice 2021-03082

AG Number: 
2021-03082
Notice PDF: 
Date Filed: 
12/22/2021
Noticing Party: 
Sara Hammond
Plaintiff Attorney: 
Joseph D. Agliozzo, Law Corporation
Alleged Violators: 
Danielle Creations and Upper Canada Soap & Candle Makers Corporation;
Ross Stores
Chemicals: 
Di(2-ethylhexyl)phthalate (DEHP)
Source: 
Bath Blitz reusable case SKU_400217741589000499 UPC_0064323189668
Comments: 
This is a supplemental notice responsive to request by defense counsel for a refined product category definition. the original OAG Number is 2021-02175. Plaintiff and defendant supplier anticipate entering into a settlement agreement and court approved consent judgment.

60-Day Notice Document

Civil Complaint
AG Number:
2021-03082
Complaint PDF: 
Date Filed:
03/03/2022
Case Name: 
Hammond v UPPER CANADA SOAP & CANDLE MAKERS CORPORATION
Court Name: 
Alameda County Superior Court
Court Docket Number: 
22CV007911
Plaintiff: 
Sara Hammond
Plaintiff Attorney: 
Joseph D. Agliozzo, Law Corporation
Defendant: 
UPPER CANADA SOAP & CANDLE MAKERS CORPORATION
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Reformulation to eliminate exposure or compliant warning, civil penalty and reimbursement of fees and costs
Contact Name: 
Joe Agliozzo
Contact Organization: 
Joseph D. Agliozzo, Law Corporation
Email Address:
Address: 
1601 N. Sepulveda Boulevard, 649
City, State, Zip:
Manhattan Beach, CA 90266
Phone Number:
(424) 241-3614
Corrected Settlement
AG Number:
2021-03082
Settlement PDF: 
Settlement Date:
04/11/2022
Case Name: 
Hammond v UPPER CANADA SOAP & CANDLE MAKERS CORPORATION
Court Name: 
Alameda County Superior Court
Court Docket Number: 
22CV007911
Plaintiff: 
Sara Hammond
Plaintiff Attorney: 
Joseph D. Agliozzo, Law Corporation
Defendant: 
UPPER CANADA SOAP & CANDLE MAKERS CORPORATION
Injunctive Relief: 
4.1. After the Effective Date, Defendant shall not sell, distribute, or ship into California any Covered Products unless the Covered Products: (1) meets the reformulation requirements in section 4.2 or (2) are labeled with a Proposition 65 warning as described in Sections 4.3-4.4 below. Compliance with Section 4.1 will constitute compliance by Defendant with all requirements of Proposition 65 relating to DEHP exposure in the Covered Products. 4.2. Reformulation Requirements After the Effective Date, Covered Products must contain no more than 1,000 parts per million (0.1%) in DEHP. In order to determine compliance with this reformulation standard, Defendant may rely on third party testing from an accredited laboratory. 4.3. Warning Option Should Defendant elect to provide a warning, the Covered Products shall be accompanied by a warning as described in Section 4.4, below. No Proposition 65 warning shall be required as to any Covered Products that are already in the stream of commerce as of the Effective Date. 4.4. Warning Language Where required to meet the criteria set forth in Section 3.2, Defendant shall provide one of the following warning statements on, or affixed to the packaging of the Covered Products in a reasonably conspicuous manner. Further the warning shall be affixed to or printed on the Covered Product's packaging or labeling, or on a placard, shelf tag, sign or electronic device or automatic process, providing that the warning is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual under customary conditions of purchase or use. A warning may be contained in the same section of the packaging, labeling, or instruction booklet that states other safety warnings, if any, concerning the use of the Covered Product and shall be at least the same size as those other safety warnings.: (1) WARNING: The packaging for this product can expose you to chemicals including Di(2-ethylhexyl)phthalate (DEHP), which is 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. (2) WARNING: Cancer and Reproductive Harm –www.P65Warnings.ca.gov. The Parties agree that the specifications for warnings in this Consent Judgment comply with Proposition 65 and its regulations as of the date of this Consent Judgment, and with regulations adopted on or about August 30, 2016 and which became effective August 30, 2018. If modifications or amendments to Proposition 65 or its “safe harbor” regulations after the Effective Date are adopted as to what constitutes a “clear and reasonable warning,” Defendant may modify the content and delivery methods of its warnings to conform to the modified or amended provisions of Proposition 65 or its regulations.
*Non-Contingent Civil Penalty:
$ 1,000.00
Attorney(s) Fees and Costs:
$ 28,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 29,000.00
Will settlement be submitted to court?
Will settlement be submitted to court?: 
Yes
Contact Name: 
Joe Agliozzo
Contact Organization: 
Joseph D. Agliozzo, Law Corporation
Email Address:
joeags@gmail.com
Address: 
1601 N. Sepulveda Boulevard, 649
City, State, Zip:
Manhattan Beach, CA 90266
Phone Number:
(424) 241-3614
Comments: 
Revised settlement agreement, addressing OAG concerns regarding warning language.


* 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.