60 Day Notice 2023-02971

AG Number: 
2023-02971
Notice PDF: 
Date Filed: 
09/29/2023
Noticing Party: 
Sara Hammond
Plaintiff Attorney: 
Joseph D. Agliozzo, Law Corporation
Alleged Violators: 
Luxie Collection or Vendor of Luxie Collection Cross Body Purse Product
Ross Stores, DD’s Discounts
Chemicals: 
Diisononyl phthalate (DINP)
Source: 
Luxie Collection Cross Body Purse Clear with Silver Trim SKU_400265502750001099; UPC_4546314451825

60-Day Notice Document

Settlement
AG Number:
2023-02971
Settlement PDF: 
Settlement Date:
08/27/2024
Case Name: 
Hammond v Luxie Collection
Court Name: 
None
Court Docket Number: 
Out of Court Settlement
Plaintiff: 
Sara Hammond
Plaintiff Attorney: 
Joseph D. Agliozzo, Law Corporation
Defendant: 
Luxie Collection
Injunctive Relief: 
3.1. Effective on and after the Effective Date LUXIE 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 LUXIE 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 LUXIE shall constitute compliance under Proposition 65 with regard to Covered products sold, offered for sale, imported, manufactured or otherwise distributed 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%) DINP 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, LUXIE may rely on third party testing from an accredited laboratory.
*Non-Contingent Civil Penalty:
$ 500.00
Attorney(s) Fees and Costs:
$ 14,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 14,500.00
Will settlement be submitted to court?
No
Contact Name: 
Joe Agliozzo
Contact Organization: 
Joseph D. Agliozzo, Law Corporation
Email Address:
joeags@gmail.com
Address: 
1601 N. Sepulveda Boulevard, 649
City, State, Zip:
Manhattan Beach, CA 90266
Phone Number:
(424) 241-3614


* 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.