Settlement Date:
01/31/2025
Case Name:
CHEMICAL TOXIN WORKING GROUP INC. v. SAMUELS AND SON CO, INC
Court Name:
Los Angeles County Superior Court
Plaintiff:
Chemical Toxin Working Group Inc. dba Healthy Living Foundation
Defendant:
SAMUELS AND SON SEAFOOD CO., INC
Injunctive Relief:
Any Covered Products that Defendant may Distribute into the State of California after the Compliance Date shall either (1) comply with the warning requirements of Section 3.2, or (2) meet the reformulation requirements under Section 3.3
3.2 Warnings
3.2.1 For Covered Products that require a Proposition 65 warning under this Consent Judgment, the warning must follow these requirements:
3.2.2 Warning Statement-The warning statement must comply with either Option 1 or Option 2 below
A) Option 1, Long-Form Warning:
WARNING: Consuming this product can expose you to chemicals including lead and cadmium, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to www.P65Warningsca.gov/food.
B) Option 2, Short-Form Warning:
The font size of this short-form warning must be a minimum of 6 points, and it cannot be smaller than the largest size font used for other consumer information (as defined in 27 Cal. Code Regs. § 25600.1(c) included on the label:
WARNING: Cancer and Reproductive Harm-www.P65Wamings.ca.gov/food
3.2.3 Warning Method of Transmission
3.2.3.1 The term “WARNING” shall be in bold and capitalized. The warning statement shall be prominently displayed for the Covered Products (1) on the label of the Covered Product, or (2) on a posted sign, shelf tag, or shelf sign, provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale.
3.2.3.3
The warning statement on the Covered Product’s label must be set off from other surrounding information and enclosed in a text box.
3.2.3.4
If the warning statement is displayed on a placard, shelf tag, or sign where the Covered Product is offered for sale in a physical store, the warning placard or sign must enable an ordinary individual to determine which Covered Products the warning applies to.
3.2.3.5
Where the Covered Products’ sign or label used to provide a warning includes consumer information about a product in a language other than English, the warning must also be provided in that language in addition to English. For any Covered Product sold by Defendant over the internet, a warning shall be prominently displayed as follows: (a) on the primary display page for the Covered Product; (b) as a clearly marked hyperlink using the word “WARNING” in all capital and bold letters on the Covered Product’s primary display page; (c) on the checkout page or any other page in the checkout process when a California delivery address is indicated for any purchase of any Covered Product and with the warning clearly associated with the Covered Product to indicate that the product is subject to the warning; or (d) by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If the warning is provided using the .short-form warning label content pursuant to Section 3.2.2.B above, the warning provided on the website may use the same content.
*Non-Contingent Civil Penalty:
$ 25,850.00
Attorney(s) Fees and Costs:
$ 89,770.00
Payment in Lieu of Penalty:
$ 19,380.00 (Plaintiff 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; for publishing periodicals and other medias regarding public awareness about the issue of environmental pollution and presence of Proposition 65 chemicals in the environment and consumer products; donations and supplies, including but not limited to, water filters and air filters for public schools and communities, to regions impoverished by industrial pollution. And 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 attempting to persuade those persons and/or entities to reformulate their products or the source of 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, Plaintiffs member’s time for work done on investigations, office supplies, mailing supplies, service, and postage. Within 30 days of a request from the Attorney General, Plaintiff shall provide to the Attorney General copies of documentation demonstrating how the above funds have been spent.)
Total Payments:
$ 135,000.00
Will settlement be submitted to court?
City, State, Zip:
NEW YORK, NY 100011278
Phone Number:
(646) 776 5999
