60 Day Notice 2024-04340

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2024-04340
Notice PDF: 
PDF icon 2024-04340.pdf
Date Filed: 
10/14/2024
Noticing Party: 
EnviroProtect LLC
Plaintiff Attorney: 
AXS Law Group LA LLP
Alleged Violators: 
HomeGoods, LLC
Fresh American LLC
Chemicals: 
Di(2-ethylhexyl)phthalate (DEHP)
Source: 
Pine Cone Hill Pillowsham

60-Day Notice Document

Settlement
AG Number:
2024-04340
Settlement PDF: 
PDF icon 2024-04340S5077.pdf
Settlement Date:
03/31/2025
Case Name: 
N/A
Court Name: 
N/A
Court Docket Number: 
N/A
Plaintiff: 
EnviroProtect, LLC
Plaintiff Attorney: 
AXS LAW GROUP LA LLP
Defendant: 
Fresh American LLC
Injunctive Relief: 
FRESH AMERICAN has represented that it has discontinued the manufacturing and distribution of the Covered Products. Nevertheless, if FRESH AMERICAN decides to recommence the manufacturing, distribution, and/or sale of the Covered Products in California in the future, any such Covered Products that FRESH AMERICAN imports, manufactures, ships to be sold or offers for sale or purchase in or into California, or sells in California shall be deemed to comply with Proposition 65, and be exempt from any Proposition 65 warning requirements with respect to DEHP if the Products meet the standard of “Reformulated Products.” “Reformulated Products” shall mean Covered Products containing less than or equal to 1,000 parts per million (0.1%) DEHP in each Accessible Component when analyzed pursuant to Environmental Protection Agency testing methodologies 3580A and 8270C, CPSC-CH-C1001-09.3 or equivalent methodologies utilized by federal or state agencies for the purpose of determining DEHP content in a solid substance.
*Non-Contingent Civil Penalty:
$ 500.00
Attorney(s) Fees and Costs:
$ 16,500.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 17,000.00
Will settlement be submitted to court?
No
Contact Name: 
James K Kawahito
Contact Organization: 
AXS LAW GROUP LA LLP
Email Address:
james@axslawgroup.com
Address: 
6080 Center Drive, Suite 210
City, State, Zip:
Los Angeles, CA 90045
Phone Number:
(310) 746-5300

* 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.