Judgment Date:
10/09/2018
Settlement reported to AG:
Case Name:
Consumer Advocacy Group, Inc. v. Pilot Automotive, Inc.
Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Injunctive Relief:
Pilot shall recall and destroy all exemplars of Pilot imitation leather, vinyl or pvc steering wheel covers and steering wheels models SW-217, SW-68B, SW-68G, SW-68R, SW-68T, SW-222E, WCC-1201E, and SW-800 offered sale in CA. If Pilot resumes selling Pilot imitation leather, vinyl or pvc steering wheels or steering wheel covers in the United States of America in the future, Pilot shall reformulate those products and shall not sell or distribute those products unless they contain less than 0.1% (1,000ppm) of DEHP and/or DINP, and 100 ppm of lead. As of the Effective Date, any existing inventory of Pilot imitation leather, vinyl or pvc steering wheel covers and steering wheels, except the exemplars indicated above, Pilot shall place a Proposition 65 compliant warning on them. For future sales of any dashcams, gear knobs, and Vehicle Light Pilot Item No. IP-036BG distributed by Pilot, and for future order sales, after the Effective Date, Pilot will comply with the following Reformulation Standard: Pilot shall not sell or distribute those products, unless they are reformulated to contain less than 0.1% by weight (1,000 parts per million) of DEHP. As of the effective date, for any existing inventory of dashcams, shift knobs, and Vehicle Light Pilot Item No. IP-036BG distributed by Pilot in California, Pilot shall place a Proposition 65 compliant warning on them.
*Non-Contingent Civil Penalty:
$ 57,150.00
Attorney(s) Fees and Costs:
$ 1,480,000.00
Payment in Lieu of Penalty:
$ 42,850.00 (CAG will use the Additional Settlement Payment as follows, seventy percent (70%) 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 retained experts who assist with the extensive scientific analysis necessary for those files in litigation; twenty percent (20%) for administrative costs incurred during the 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; and ten percent (10%) to offset the costs of future litigation enforcing Proposition 65 but excluding attorney fees, thereby addressing the same public harm as allegedly in the instant Action. 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.)
Total Payments:
$ 1,580,000.00
Is Judgment Pursuant to Settlement?
Contact Organization:
Yeroushalmi & Yeroushalmi
Address:
9100 Wilshire Blvd., Ste. 240W
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
310.623.1926
