60 Day Notice 2022-00225

AG Number: 
2022-00225
Notice PDF: 
Date Filed: 
02/03/2022
Noticing Party: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Alleged Violators: 
Advantus Corporation
Burlington Coat Factory of California, LLC
Chemicals: 
Di(2-ethylhexyl)phthalate (DEHP)
Source: 
Travel Bag

60-Day Notice Document

Civil Complaint
AG Number:
2022-00225
Complaint PDF: 
Date Filed:
06/22/2023
Case Name: 
Consumer Advocacy Group, Inc. v. Burlington Coat Factory...
Court Name: 
Alameda County Superior Court
Court Docket Number: 
23CV036731
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
Burlington Coat Factory Warehouse Corporation
Burlington Coat Factory Direct Corporation
Burlington Coat Factory of California, LLC.
Azzure Home, Inc.
L2T, Inc.
MGA Entertainment, Inc.
Report Footwear Inc.
Burlington Coat Factory of Texas, Inc.
Type of Claim: 
Failure to Warn
Toxic-Tort
Relief Sought: 
Warning
Civil Penalty
Injunction
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Yeroushalmi Law Firm
Email Address:
Address: 
9100 Wilshire Blvd 240w
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
Comments: 
Complaint also pertains to AG Notice Numbers: 2020-03068, 2022-00089, 2022-00279, 2022-00351, 2022-00869, 2022-01072, 2022-02652, and 2022-03082.
Settlement
AG Number:
2022-00225
Settlement PDF: 
Settlement Date:
09/13/2023
Case Name: 
N/A
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
N/A
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
Advantus Corp.
Injunctive Relief: 
3.1 Advantus agrees that Advantus shall reformulate any Covered Products manufactured after the Effective Date and offered for sale in California to a point where the level DEHP in the Covered Products does not exceed 0.1% by weight. 3.2 Advantus agrees, promises, and represents that, as of the Effective Date, to the extent it ships or sells any Covered Products in existing inventory that have not been reformulated, it will provide warnings for cancer and reproductive toxicity on such Covered Products that comply with warning requirements under Title 27, California Code of Regulations, §§ 25600, et seq. The warnings shall be provided in such a conspicuous and prominent manner that will assure the message is made available and likely to be read, seen, or heard by the consumer prior to or at the time of the sale or purchase. The Parties agree that such warnings shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Products for any Covered Products in existing inventory that had not been reformulated and were distributed and/or sold by Releasees or Downstream Releasees after the Effective Date. Where a label used for the Covered product in existing inventory, that exceeds 0.1% of DEHP 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 Advantus sell or distribute any Covered Products in existing inventory, that exceeds 0.1% of DEHP, 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.
*Non-Contingent Civil Penalty:
$ 18,000.00
Attorney(s) Fees and Costs:
$ 72,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 90,000.00
Will settlement be submitted to court?
No
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
Comments: 
This settlement also pertains to AG notice numbers: 2020-03146, 2022-00225, and 2022-01072.


* 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.