60 Day Notice 2013-00631

AG Number: 
2013-00631
Notice PDF: 
Date Filed:
07/03/2013
Noticing Party: 
Consumer Advocacy Group, Inc.
Alleged Violators: 
PILOT AUTOMOTIVE, INC.
VEHICLE PERFORMANCE SYSTEMS, INC.
WANG'S INTERNATIONAL, INC.
PEP BOYS-MANNY, MOE & JACK OF DELAWARE, INC.
PEP BOYS #604
Chemicals: 
Lead
Source: 
STEERING WHEEL COVERS

60-Day Notice Document

Civil Complaint
AG Number:
2013-00631
Complaint PDF: 
Date Filed:
11/06/2013
Case Name: 
CAG V. PILOT AUTOMOTIVE
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
BC526856
Plaintiff: 
Consumer Advocacy Group, Inc.
Defendant: 
PILOT AUTOMOTIVE, INC.
VEHICLE PERFORMANCE SYSTEMS, INC.
WANG'S INTERNATIONAL, INC.
PEP BOYS-MANNY, MOE & JACK OF DELAWARE, INC.
PEP BOYS-MANNY, MOE & JACK OF CA, INC.
PEP BOYS, INC.-MANNY, MOE & JACK
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Costs of suit; Reasonable Attorney Fee and Costs; Any further relief that the court may deem just and equitable.
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Associates
Email Address:
Address: 
9100 Wilshire Blvd, Suite 610E
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
310-623-1926
Settlement
AG Number:
2013-00631
Settlement PDF: 
Settlement Date:
08/20/2018
Case Name: 
Consumer Advocacy Group, Inc. v. Pilot Automotive, Inc.
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
BC526856
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
Pilot Automotive, 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 this total 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
Will settlement be submitted to court?
Yes
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Yeroushalmi
Email Address:
admin@yeroushalmi.com
Address: 
9100 Wilshire Blvd., Ste. 240W
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
310.623.1926
Comments: 
This Consent Judgment will also resolve the following notices with AG numbers: 2014-00125; 2014-00122; 2014-00383; 2016-00448; 2016-00604; 2017-00173; 2017-00589; 2017-01610; 2018-00171; and 2018-00714.
Judgment
AG Number:
2013-00631
Judgment PDF: 
Judgment Date:
10/09/2018
Settlement reported to AG: 
08/20/2018
Case Name: 
Consumer Advocacy Group, Inc. v. Pilot Automotive, Inc.
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
BC526856
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
Pilot Automotive, 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?
Yes
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Yeroushalmi
Email Address:
admin@yeroushalmi.com
Address: 
9100 Wilshire Blvd., Ste. 240W
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
310.623.1926
Comments: 
This Consent Judgment also resolves the following notices with AG numbers: 2014-00125; 2014-00122; 2014-00383; 2016-00448; 2016-00604; 2017-00173; 2017-00589; 2017-01610; 2018-00171; and 2018-00714.


* 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.