60 Day Notice 2021-03117

AG Number: 
2021-03117
Notice PDF: 
Date Filed: 
12/28/2021
Noticing Party: 
Sara Hammond
Plaintiff Attorney: 
Joseph D. Agliozzo, Law Corporation
Alleged Violators: 
Magid Incorporated
TJ Maxx Companies, Inc.
Chemicals: 
Di(2-ethylhexyl)phthalate (DEHP)
Source: 
Joan and David Duffle Detachable Pouch SKU 74725929003999 UPC 0722389330461

60-Day Notice Document

Settlement
AG Number:
2021-03117
Settlement PDF: 
Settlement Date:
03/01/2022
Case Name: 
Hammond v Y&S HANDBAGS INC. (DBA MAGID INTERNATIONAL)
Court Name: 
None
Court Docket Number: 
Out of Court Settlement
Plaintiff: 
Sara Hammond
Plaintiff Attorney: 
Joseph D. Agliozzo, Law Corporation
Defendant: 
Y&S HANDBAGS INC. - DBA MAGID INTERNATIONAL
Injunctive Relief: 
3.1. Effective on and after the Effective Date MAGID shall not sell the Covered Product for distribution in California unless the product is a “Reformulated Covered Products” as defined in Paragraph 3.2 or unless MAGID provides a Compliant Warning as defined in Paragraph 3.3 for any non-reformulated Covered Product that it sells in California. Compliance with this Settlement Agreement by MAGID shall constitute compliance under Proposition 65 with regard to any Covered Product sold, offered for sale, imported, manufactured or otherwise distributed after the Effective Date. 3.2. For purposes of this Settlement Agreement, a “Reformulated Covered Product” is a Covered Product [containing no more than 1,000 parts per million (0.1%) DEHP in any accessible component (“accessible component” is defined as any component that could be touched by a person during reasonably foreseeable use). In order to determine compliance with this reformulation standard, MAGID may rely on third party testing from an accredited laboratory.
*Non-Contingent Civil Penalty:
$ 500.00
Attorney(s) Fees and Costs:
$ 17,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 17,500.00
Will settlement be submitted to court?
Will settlement be submitted to court?: 
No
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


* 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.