Settlement Date:
02/15/2023
Case Name:
Hammond v Senior Brands LLC
Plaintiff Attorney:
Joseph D. Agliozzo, Law Corporation
Defendant:
Senior Brands LLC; Ross Stores Inc.
Injunctive Relief:
3.1. Effective on and after the Effective Date SENIOR 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 SENIOR 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 SENIOR shall constitute compliance under Proposition 65 with regard to Covered Products sold, offered for sale, imported, manufactured or otherwise distributed by any person after the Effective Date.
3.2. For purposes of this Settlement Agreement, “Reformulated Covered Products” are Covered Products 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, SENIOR 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?
Contact Organization:
Joseph D. Agliozzo, Law Corporation
Address:
1601 N. Sepulveda Boulevard, 649
City, State, Zip:
Manhattan Beach, CA 90266
Phone Number:
(424) 241-3614
