60 Day Notice 2022-00215

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2022-00215
Notice PDF: 
PDF icon 2022-00215.pdf
Date Filed: 
02/03/2022
Noticing Party: 
Sara Hammond
Plaintiff Attorney: 
Joseph D. Agliozzo, Law Corporation
Alleged Violators: 
R.G. Barry Corporation
Marshalls, TJX Companies, Inc., Marmaxx Operating Corp
Chemicals: 
Di(2-ethylhexyl)phthalate (DEHP)
Source: 
Spa Essentials Kit reusable case SKU_127410545046901499 UPC_0091217374039

60-Day Notice Document

Settlement
AG Number:
2022-00215
Settlement PDF: 
PDF icon 2022-00215S0414.pdf
Settlement Date:
04/12/2022
Case Name: 
Hammond v RG Barry
Court Name: 
None
Court Docket Number: 
Out of Court Settlement
Plaintiff: 
Sara Hammond
Plaintiff Attorney: 
Joseph D. Agliozzo, Law Corporation
Defendant: 
R.G. Barry Corporation
Injunctive Relief: 
3.1. On and after the Effective Date, RG BARRY shall not sell the Covered Product for distribution in California unless the product is a “Reformulated Covered Product” as defined in Paragraph 3.2 or unless RG BARRY 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 RG BARRY 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, RG BARRY may rely on third party testing from an accredited laboratory.
*Non-Contingent Civil Penalty:
$ 1,000.00
Attorney(s) Fees and Costs:
$ 23,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 24,000.00
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.