Settlement Date:
12/29/2022
Case Name:
Consumer Advocacy Group, Inc. v. Stater Bros. Markets
Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc
Defendant:
Stater Bros. Markets, a California Corporation
Injunctive Relief:
The injunctive relief will mirror the injunctive relief set out in the Consent
Judgment between CAG and the California Rice Commission inthis case and the Consent
Judgment between CAG and Mercado Latino, Inc. Specifically, after the Effective Date,
Defendant shall not sell in California, offer for sale in California or ship for sale in California
any Covered Products unless the level of Lead in those products does not exceed 56 parts per
billion ("ppb").
For any Covered Products that actually exceed 56 ppb for the Listed Chemical
that are placed into the stream of commerce in California after the Effective Date,
Defendant must provide a Proposition 65 compliant warning for those Covered Products as set
forth below. Nothing herein is intended to provide for or require a permanent warning on
Covered Products or any of Defendant's products if the concentration levels of Lead in those
products do not actually exceed 56 ppb. Any warning provided pursuant to this Section 3.5 shall
be affixed to the packaging of the Covered Products or prominently displayed at the point of
purchase of the Covered Products. The warnings required hereby will be prominently placed
with such conspicuousness as compared to other words, statements, designs or devices as to
render them reasonably likely to be read and understood by a typical consumer under customary conditions before purchase or use. When affixed to the packaging, the warning must be set off from other surrounding information and enclosed in a box. Where the packaging of the Covered Product includes consumer information as defined by California Code of Regulations title 27 §25600.1(c) in a language other than English, the warning must be provided in that language in addition to being provided in English.conditions before purchase or use. When affixed to the packaging, the warning must be set off from other surrounding information and enclosed in a box. Where the packaging of the Covered Product includes consumer information as defined by California Code of Regulations Title 27 §25600.1(c) in a language other than English, the warning must be provided in that language in addition to being provided in English.
The terms of this Consent Judgment shall be enforced exclusively by the Parties hereto and no other person or entity shall have any right to enforce the terms of this Consent Judgment. CAG may enforce any of the terms and conditions of this Consent Judgment only after it first provides 30 days' notice to Defendant and attempts to resolve any failure to comply in an open and good-faith manner.
Prior to bringing any complaint, motion, order to show cause or other proceedings to enforce the terms of this Consent Judgment, CAG shall serve a Notice of Violation ("NOV") on Defendant specifying the alleged violation of this Consent Judgment. Specifically, any NOV to Defendant shall identify each of the Covered Products alleged to be in violation, set forth the location at which each of the Covered Products were offered for sale, and shall be accompanied by photographs of product labeling and all test data obtained by CAG regarding the Covered Products.
CAG shall take no further action regarding the alleged violation if,within 60 days of receiving such NOV, Defendant serves a Notice of Election ("NOE") that meets one of the following conditions:
The Covered Product(s) identified in the NOV were sold or shipped by
Defendant for sale in California before the Effective Date; or
Defendant takes corrective action by either
i.) requesting that its customers remove the Covered Product(s) from the lot or lots tested (as identified on the labeling provided with the NOV) from sale in California and destroy or return the Covered Product(s) to Defendant or
ii.) providing a clear and reasonable warning for the Covered Product(s) identified in the NOV pursuant to Section 3.2 above or 27 Cal. Code Regs. § 25603 et seq. Or
iii) Defendant conducts confirmatory testing of samples of the Covered Products by an independent third-party laboratory certified by the California Environmental Laboratory Accreditation Program for the analysis of heavy metals or an independent third-party laboratory that is registered with the United States Food and DrugAdministration ("FDA") for the analysis of heavy methods and/or uses methods in compliance with FDA regulations for the analysis of heavy metals. Ifconfirmatory testing establishes that the Covered Products do not contain Lead in excess of 56 ppb, CAG shall withdraw its NOV and will take no further action regarding the alleged violation.
*Non-Contingent Civil Penalty:
$ 11,440.00
Attorney(s) Fees and Costs:
$ 220,000.00
Payment in Lieu of Penalty:
$ 8,560.00 (Defendant shall make a separate payment, in the amount of eight thousand five hundred and sixty dollars ($8,560.00) 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). Defendant will issue a separate check to CAG for the Additional Settlement Payment. CAG will use this payment as follows, eighty percent (80%) for costs of investigation, purchasing, and testing for Proposition 65 listed chemicals in various products, and for expert fees for evaluating exposures through various media, including consumer product, occupational and environmental exposures to Proposition 65 listed chemicals, and the cost of hiring consultants assist with analysis relating to the litigation and to offset the costs of future litigation enforcing Proposition 65 but excluding attorneys' 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 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 such additional settlement payment.
)
Total Payments:
$ 240,000.00
Will settlement be submitted to court?
Contact Organization:
Yeroushalmi & Yeroushalmi Law Firm
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
