Settlement Date:
11/10/2025
Case Name:
Consumer Advocacy Group v. Abacus Business Capital, Inc.
Court Name:
Alameda County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Defendant:
CENTURY PACIFIC NORTH AMERICA ENTERPRISE, INC.
CENTURY PACIFIC FOOD, INC.
Injunctive Relief:
3.1 After the Effective Date, Defendants shall not manufacture for sale in California, any Covered Products that exceed the levels of Lead and Cadmium ("reformulation level(s)") specified in sections 3.1.1 and 3.1.2 below unless Proposition 65 compliant warnings are provided 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 of the Covered Product per day. For purposes of assessing compliance with this reformulation level, the exposure shall be calculated by multiplying the recommended product label serving size of the Covered Products by the concentration of Lead in the Covered Products. 3.1.2 Cadmium: an exposure of no more than 4.1 micrograms of Cadmium based on a single serving of the Covered Product per day. For purposes of assessing compliance with this reformulation level, the exposure shall be calculated by multiplying the recommended product label serving size of the Covered Products by the concentration of Cadmium in the Covered Products. 3.2 For any Covered Products that exceed the reformulation level of Listed Chemicals set forth above that are manufactured for distribution and/or sale into California after the Effective Date, Defendants must provide a Proposition 65 compliant warning for the Covered Products as pursuant to Proposition 65 and its implementing regulations 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 seg. and with Title 27, California Code of Regulations, § 25607.1, et seq. 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 reasonably 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 and enclosed in a box. Where the packaging of the Covered Products or a sign referring to the Covered Products 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 Defendants sell or distribute any Covered Products through the internet into California where Defendants controls the product listing, the warning shall be posted in the manner as provided for internet sales in 27 CCR sections 25601 and 25602, as they may be subsequently amended, for sales to consumers in California. The Parties agree that the following warning language shall constitute compliance with Proposition 65 with respect to the alleged Cadmium and/or Lead contained in the Covered Products manufactured by Defendants as applicable after the Effective Date: [CALIFORNIA] or [CA] 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.P65Warnings.ca.gov/food The language [CALIFORNIA] or [CA] is optional. Lead and/or Cadmium shall be specified in the warning as applicable if the levels of Lead or Cadmium exceed the reformulation levels set forth in this Consent Judgment. 3.3 The injunctive requirements of Section 3 shall not apply to Covered Products that are manufactured or are otherwise already in the stream of commerce as of the Effective Date, which Covered Products are expressly subject to the releases provided in Section 5. 3.4 Compliance with Warning Regulations. The Parties agree that Defendants shall be deemed to be in compliance with this Consent Judgment by either adhering to § 3 of this Consent Judgment or by complying with warning regulations adopted by the State of California's OEННА applicable to the Covered Products and the exposure at issue. In the event that OEHНА promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical(d) at issue, which are different than those set forth above, Defendants shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Consent Judgment. 3.5 Changes regulations applicable to Proposition 65, including changes resulting from federal and/or state court rulings, occurring after this date may be incorporated into the terms of this Consent Judgment, pursuant to the modification provisions set forth in Section 7.
*Non-Contingent Civil Penalty:
$ 10,860.00
Attorney(s) Fees and Costs:
$ 76,000.00
Payment in Lieu of Penalty:
$ 8,140.00 (Defendants or their agents shall make a separate payment, in the amount of eight thousand one hundred forty dollars ($8,140) 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). Defendants or their agents will issue a separate check to CAG for the Additional Settlement Payment. CAG 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; 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, 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 this Additional Settlement Payment.)
Total Payments:
$ 95,000.00
Will settlement be submitted to court?
Contact Organization:
Yeroushalmi & Yeroushalmi
Address:
9100 Wilshire Blvd., Suite 240W
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
