60 Day Notice 2024-01073

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2024-01073
Notice PDF: 
PDF icon 2024-01073.pdf
Date Filed: 
03/14/2024
Noticing Party: 
Consumer Advocacy Group
Plaintiff Attorney: 
Reuben Yeroushalmi
Alleged Violators: 
Fusion Gourmet, Inc.
Marshalls
Marshalls of MA, Inc.
Marshalls of CA, LLC
The TJX Companies, Inc.
Chemicals: 
Lead and lead compounds
Source: 
Ginger Chews

60-Day Notice Document

Settlement
AG Number:
2024-01073
Settlement PDF: 
PDF icon 2024-01073S4070.pdf
Settlement Date:
09/05/2024
Case Name: 
N/A
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
N/A
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
Fusion Gourmet, Inc.
Injunctive Relief: 
3.1 Fusion Gourmet agrees, promises, and represents that after the Compliance Date, Fusion Gourmet shall be enjoined from distributing for sale in California any Covered Product that expose a person to a “Daily Lead Exposure Level” of more than 0.5 micrograms of the Listed Chemical based on a single serving per day unless such Covered Products comply with the warning requirements set forth below. The “Daily Lead Exposure Level” shall be calculated by multiplying the recommended serving size in the Covered Product by the concentration of the Listed Chemical in the Covered Products (“Reformulation Standard”) or provide Proposition 65 warnings as specified herein. 3.2 Fusion Gourmet agrees, promises, and represents that, as of the Compliance Date, it shall sell or otherwise distribute for sale in California only Covered Products that satisfy the “Reformulation Standard” or provide Proposition 65 warnings, as specified herein. 3.3 As to Covered Products manufactured after the Compliance Date, if such Covered Products do not meet the Reformulation Standard, Fusion Gourmet shall provide warnings consistent with Title 27 California Code of Regulations, §§ 25600, et. seq for cancer and reproductive toxicity. Should Fusion Gourmet sell any Covered Products online, the warning will be posted in the manner provided for with respect to internet sales, as provided for in Title 27, California Code of Regulations, §§ 25601 and 25602, including as they may be subsequently amended. Where the Covered Product includes consumer information as defined by California Code of Regulations Title 27, California Code of Regulations §25600.1(c) in a language other than English, the warning if required must also be provided in that language in addition to English.
*Non-Contingent Civil Penalty:
$ 20,000.00
Attorney(s) Fees and Costs:
$ 55,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 75,000.00
Will settlement be submitted to court?
No
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Yeroushalmi
Email Address:
admin@yeroushalmi.com
Address: 
9100 Wilshire Blvd Suite 240W
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
Comments: 
This settlement also pertains to AG notice number 2024-01483.

* 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.