Settlement Date:
09/25/2025
Case Name:
Consumer Advocacy Group, Inc. v. Walmart, Inc., et al.
Court Name:
Alameda County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Injunctive Relief:
3.1 After the Effective Date, Settling Defendant shall not sell in California, offer for sale in California, or ship for sale in California any Covered Products unless the level of DEHP does not exceed 0.1% (1,000 parts per million) by weight ("reformulation level"), unless Proposition 65 compliant warnings are used as set forth in the following paragraphs. 3.2 For any Covered Products exceeding the reformulation level of Listed Chemicals that are sold or distributed for sale into California after the Effective Date, that were manufactured prior to the Effective Date that do no already contain a Proposition 65 compliant warning, Settling Defendant must provide a Proposition 65 compliant warning for the Covered Products as permitted by Proposition 65 and its implementing regulations. The warnings shall be clear and reasonable and shall be provided for cancer and reproductive harm, in compliance with 27 Cal. Code of Regulations Section 25600 et seq. and any subsequent changes to the law or regulations, understanding that nothing in this Agreement is intended to impose a stricter labeling requirement than required by law or regulation. Nothing in this Agreement shall be deemed a waiver of Settling Party's rights to use the form prescribed in 27 Cal. Code of Regulations Section 25603(c) for Covered Products in existing inventory manufactured and labeled prior to January 1, 2028, unless such provision is repealed. The warning shall be provided for cancer and reproductive harm. Any warning provided pursuant to this section shall be affixed to the packaging of, or directly on, the Covered Products, and be prominently placed with such conspicuousness as compared with other words, statements, designs, or devices as to render it likely to be read and understood by an ordinary individual under customary conditions before purchase or use. Where the packaging of the Covered Products in existing inventory 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 Settling Defendant sell or distribute any Covered Products in existing inventory 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, and in accordance with any applicable subsequent amendments thereto. 3.4 For any Covered Products still existing in Settling Defendant's physical custody as of the Effective Date, Settling Defendant shall place a Proposition 65 compliant warning on them, unless the Covered Products do not exceed the reformulation level. Any warning provided pursuant to this section shall comply with the warning requirements under Sections 3.2. 3.5 Changes in the law and regulations applicable to Proposition 65, including changes resulting from federal and/or state court rulings, occurring after this date may be incorporated into the terms of this Consent Judgment, pursuant to the modification provisions set forth in Section 7. 3.6 The requirements of Section 3 do not apply to any manufactured, sold, or distributed for sale in California by Settling Defendant or Downstream Releasees prior to the Effective Date, as Covered such Products are expressly subject to the releases provided in Section 5 of this Consent Judgment. Such products may continue to be sold Covered Products as is, unless in physical custody of the Defendant.
*Non-Contingent Civil Penalty:
$ 16,020.00
Attorney(s) Fees and Costs:
$ 152,000.00
Payment in Lieu of Penalty:
$ 11,980.00 (Settling Defendant shall make a separate payment, in the amount of eleven thousand nine hundred eighty dollars ($11,980.00) as an additional settlement payment to "Consumer Advocacy Group, Inc." pursuant to Health & Safety Code § 25249.7(b) and California Code of Regulations, Title 11 § 3203(d). Settling Defendant will issue a separate check to CAG for the Additional Settlement Payment. CAG will use this payment as follows, eighty percent (80%) for fees of investigation, purchasing and testing for Proposition 65 listed chemicals in various products, and for expert fees for evaluating exposures through various mediums, including but not limited to consumer product, occupational, and environmental exposures to Proposition 65 listed chemicals, and the cost of hiring consulting and retaining experts who assist with the extensive scientific analysis necessary for those files in litigation and to offset the costs of future litigation enforcing Proposition 65, but excluding attorney fees; twenty percent (20%) for administrative costs incurred during investigation and litigation to reduce the public's exposure to Proposition 65 listed chemicals by notifying those persons and/or entities believed to be responsible for such exposures and 26 attempting to persuade those persons and/or entities to reformulate their products or the source of 27 exposure to completely eliminate or lower the level of Proposition 65 listed chemicals, including but not limited to costs of documentation and tracking of products investigated, storage of products, website enhancement and maintenance, computer and software maintenance, investigative equipment, CAG's member's time for work done on investigations, office supplies, mailing supplies and postage. Within 30 days of a request from the Attorney General or Settling Defendant, CAG shall provide to the Attorney General copies of documentation demonstrating how the above funds have been spent. CAG shall be solely responsible for ensuring the proper expenditure of such additional settlement payment.)
Total Payments:
$ 180,000.00
Will settlement be submitted to court?
Contact Organization:
Yeroushalmi & Yeroushalmi
Address:
9100 Wilshire Blvd., Suite 240W
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
