60 Day Notice 2023-02567

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2023-02567
Notice PDF: 
PDF icon 2023-02567.pdf
Date Filed: 
08/18/2023
Noticing Party: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Alleged Violators: 
Euclid Seafood, Inc. dba Song Hy Supermarket
Chemicals: 
Lead and lead compounds
Source: 
Dried Croaker and Dried Grouper
Comments: 
This notice supplements the original notice 2023-01598. Euclid Seafood, Inc. dba Song Hy Supermarket added as the retailer.

60-Day Notice Document

Civil Complaint
AG Number:
2023-02567
Complaint PDF: 
PDF icon 2023-02567C8825.pdf
Date Filed:
05/31/2024
Case Name: 
Consumer Advocacy Group, Inc. v. Euclid Seafood, Inc.
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
24STCV13715
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
Euclid Seafood, 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:
admin@Yeroushalmi.com
Address: 
9100 Wilshire Blvd 240w
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
Comments: 
Complaint also related to AG notice #2023-02567
Corrected Settlement
AG Number:
2023-02567
Settlement PDF: 
PDF icon 2023-02567S7847.pdf
Settlement Date:
06/15/2026
Case Name: 
Consumer Advocacy Group, Inc. v. Euclid Seafood, Inc.
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
24STCV13715
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
Euclid Seafood, Inc. DBA Song Hy Supermarket
Injunctive Relief: 
3.1 After the Effective Date, Defendant shall not sell in California, offer for sale in California, or ship for sale in California any Covered Products unless the level of Lead do not exceed the levels (“reformulation level(s)”) specified below unless Proposition 65 compliant warnings are used as set forth in the following paragraphs. 3.1.1 Lead: an exposure of no more than 0.5 micrograms of Lead based on a single serving per day. For purposes of assessing compliance with this reformulation level, the exposure shall be calculated by multiplying the recommended serving size of the Covered Products by the concentration of Lead in the Covered Products. 3.2 For any Covered Products that exceeds their respective reformulation levels of Listed Chemicals that are manufactured for distribution and/or sale into California after the Effective Date, Defendant must provide a Proposition 65 compliant warning for the Covered Products as permitted by Proposition 65 and its implementing regulations or as set forth below. The language of the warnings and method for providing any warnings for the Covered Products shall be compliant with Title 27, California Code of Regulations, § 25600, et seq. The warnings shall be provided for birth defects or other reproductive toxicity. Defendant shall provide warnings for cancer if the exposure is greater than 15 ug/day when averaged over a lifetime. 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. The warning must be set off from other surrounding information, enclosed in a box. Where the packaging of the Covered Product or a sign referring to the Covered Product 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 Defendant sell or distribute any Covered Product 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. The Parties agree that the following warning language shall constitute compliance with Proposition 65 with respect to the alleged Lead in the Covered Products placed into the stream of commerce by Defendant after the Effective Date: For Lead: WARNING: Consuming this Product can expose you to chemicals including Lead and Lead Compounds, which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov/food. 3.3 For any Covered Products still existing in the Defendant's inventory as of the Effective Date, Defendant shall place a Proposition 65 compliant warning on them, unless the Covered Products do not exceed the level of Lead set forth in section 3.1.1 above. Any warning provided pursuant to this section shall comply with the warning requirements under Section 3.2 above. 3.4 If there are changes to the warning regulations applicable to the Covered Products and Listed Chemical, Defendant may comply with those new warning regulations.
*Non-Contingent Civil Penalty:
$ 8,580.00
Attorney(s) Fees and Costs:
$ 60,000.00
Payment in Lieu of Penalty:
$ 6,420.00  (Within twenty (20) days of the Effective Date, but no earlier than May 1, 2026, and only after receipt of a current W-9 from Plaintiff and from Plaintiff's counsel, Defendant shall make a separate payment, in the amount of six thousand four hundred and twenty dollars ($6,420.00) 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). Defendant will issue a separate check to CAG for the Additional Settlement Payment. CAG will use this payment as follows, seventy-five percent (75%) 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-five percent (25%) 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, 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, 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:
$ 75,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Yeroushalmi
Email Address:
admin@yeroushalmi.com
Address: 
9100 Wilshire Blvd.
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
Comments: 
This settlement pertains to AG2023-02567.
Settlement
AG Number:
2023-02567
Settlement PDF: 
PDF icon 2023-02567S7754.pdf
Settlement Date:
06/01/2026
Case Name: 
Consumer Advocacy Group, Inc. v. Euclid Seafood, Inc.
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
24STCV13715
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
Euclid Seafood, Inc. DBA Song Hy Supermarket
Injunctive Relief: 
3.1 After the Effective Date, Defendant shall not sell in California, offer for sale in California, or ship for sale in California any Covered Products unless the level of Lead do not exceed the levels (“reformulation level(s)”) specified below unless Proposition 65 compliant warnings are used as set forth in the following paragraphs. 3.1.1 Lead: an exposure of no more than 0.5 micrograms of Lead based on a single serving per day. For purposes of assessing compliance with this reformulation level, the exposure shall be calculated by multiplying the recommended serving size of the Covered Products by the concentration of Lead in the Covered Products. 3.2 For any Covered Products that exceeds their respective reformulation levels of Listed Chemicals that are manufactured for distribution and/or sale into California after the Effective Date, Defendant must provide a Proposition 65 compliant warning for the Covered Products as permitted by Proposition 65 and its implementing regulations or as set forth below. The language of the warnings and method for providing any warnings for the Covered Products shall be compliant with Title 27, California Code of Regulations, § 25600, et seq. The warnings shall be provided for cancer and/or birth defects or other reproductive toxicity. 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. The warning must be set off from other surrounding information, enclosed in a box. Where the packaging of the Covered Product or a sign referring to the Covered Product 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 Defendant sell or distribute any Covered Product 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. The Parties agree that the following warning language shall constitute compliance with Proposition 65 with respect to the alleged Lead in the Covered Products placed into the stream of commerce by Defendant after the Effective Date: For Lead: WARNING: Consuming this Product can expose you to chemicals including Lead and Lead Compounds, which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to www.P65 Warnings.ca.gov/food. 3.3 For any Covered Products still existing in the Defendant's inventory as of the Effective Date, Defendant shall place a Proposition 65 compliant warning on them, unless the Covered Products do not exceed the level of Lead outlined above. Any warning provided pursuant to this section shall comply with the warning requirements under Section 3.2 above. 3.4 Changes in the law and regulations applicable to Proposition 65 occurring after this date shall be incorporated into the terms of this Consent Judgment. If there are changes to the regulations applicable to the Covered Products and Listed Chemical, Defendant may comply with those warning regulations.
*Non-Contingent Civil Penalty:
$ 8,580.00
Attorney(s) Fees and Costs:
$ 60,000.00
Payment in Lieu of Penalty:
$ 6,420.00  (Within twenty (20) days of the Effective Date, but no earlier than May 1, 2026, and only after receipt of a current W-9 from Plaintiff and from Plaintiff's counsel, Defendant shall make a separate payment, in the amount of six thousand four hundred and twenty dollars ($6,420.00) 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). Defendant will issue a separate check to CAG for the Additional Settlement Payment. CAG will use this payment as follows, seventy-five percent (75%) 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-five percent (25%) 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, 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, 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:
$ 75,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Yeroushalmi
Email Address:
admin@yeroushalmi.com
Address: 
9100 Wilshire Blvd.
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
Comments: 
This settlement pertains to AG2023-02567.

* 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.