60 Day Notice 2014-00813

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2014-00813
Notice PDF: 
PDF icon 2014-00813.pdf
Date Filed: 
09/17/2014
Noticing Party: 
As You Sow
Plaintiff Attorney: 
Barbara J. Chisholm
Alleged Violators: 
JFC International, Inc.
Chemicals: 
Cadmium
Lead
Source: 
Wel-Pac Fueru Wakame Dried Seaweed
Yamamotoyama Temaki Party Toasted Seaweed Sheets

60-Day Notice Document

Civil Complaint
AG Number:
2014-00813
Complaint PDF: 
PDF icon 2014-00813C4253.pdf
Date Filed:
05/13/2016
Case Name: 
As You Sow v. JFC International, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16815680
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Altshuler Berzon LLP
Defendant: 
JFC International, Inc.
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
Tony LoPresti
Contact Organization: 
Altshuler Berzon LLP
Email Address:
tlopresti@altber.com
Address: 
177 Post St. Ste. 300
City, State, Zip:
San Francisco, CA 94108
Phone Number:
(619) 850-4027
Fax Number:
(415) 362-8064
Comments: 
Plaintiff has filed this action in anticipation of seeking the Court's approval of a proposed consent judgment which the parties have executed. Plaintiff will file a motion for settlement approval with the Court shortly, and will serve the Attorney General pursuant to applicable regulations.
Settlement
AG Number:
2014-00813
Settlement PDF: 
PDF icon 2014-00813S4675.pdf
Settlement Date:
02/15/2016
Case Name: 
As You Sow v. JFC International, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
TBD
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Altshuler Berzon LLP
Defendant: 
JFC International, Inc.
Injunctive Relief: 
Beginning no later than ninety days from the effective date of the consent judgment, all of the noticed product that is produced, distributed, and/or sold by the Defendant will provide the following warning statement: "WARNING: Consuming this product will expose you to chemicals, including cadmium and lead, known to the State of California to cause cancer and birth defects and other reproductive harm. The exposure amount is significantly reduced when the instructions for soaking and draining are followed." The warning shall be prominently affixed or printed on the noticed product's packaging and labeling, and shall be displayed with such conspicuousness so as to render the warning statement likely to be read and understood by an ordinary individual under customary conditions of purchase and use. The content and the placement of the warning statement in Exhibit A to the consent judgment meets the requirements of the consent judgment. If Defendant sells the noticed product via an internet site to customers located in California, the warning statement shall be displayed in the same type size as the surrounding, non-heading text, either: (a) on the same page, without scrolling, as the order form for the covered product; (b) on the same page, without scrolling, as the price for the Covered Product; or (c) in a dialogue box which appears and is visible when a California address for delivery is provided by the consumer, so long as the dialogue box appears prior to the completion of the internet sale and requires the consumer to affirmatively accept receipt of the warning set forth in the dialogue box (the warning language in the dialogue box shall be displayed in teh same type size as the surrounding, non-heading text on the screen at the time of the appearance of the dialogue box), as a condition precedent to completing the sale. If Defendant sells the noticed product to California consumers through the website of any internet retailer, Defendant shall send by first class mail or overnight delivery prior to the Compliance Date, a letter instructing the internet retailer to provide warning as Defendant is required to do on its own website. Defendant shall also send any internet retailer that begins to sell the noticed product after the Compliance Date a letter instructing the internet retailer to provide warning in the same manner as Defendant is required to on its own website. The letter shall state that failure to provide these warnings may result in legal liability. In the letter, Defendant shall request that the internet retailer customer respond with a written acknowledgement that it will comply with Defendant's instructions. If Defendant sells the noticed product via mail order to customers in California, Defendant shall prominently display the warning statement in the mail order catalogue in conjunction with the noticed product. The warning shall appear either on the same page as the order form for the noticed product, or on the same page upon which the noticed product's price is listed, in the same type size as the surrounding, non-heading text. The warning shall be added in the first print run of the mail order catalogue on or after the effective date. Except as otherwise provided for in the consent judgment, any changes to the language or format of the warnings shall be made only with Court approval and following written notice to Plaintiff and to the Attorney General.
*Non-Contingent Civil Penalty:
$ 24,000.00
Attorney(s) Fees and Costs:
$ 27,000.00
Payment in Lieu of Penalty:
$ 24,000.00  (The payments in lieu of civil penalties comply with the Attorney General’s regulatory guidance regarding such payments, 11 C.C.R. 3203(b). Specifically, all in lieu payments will be used by Plaintiff As You Sow for grants to California non-profit organizations and by As You Sow’s Environmental Enforcement Fund. The funds will be used for the purpose of reducing or remediating exposures to toxic chemicals and to increase consumer, worker, and community awareness of the health hazards posed by toxic chemicals in California. In deciding among grant proposals, the As You Sow Board of Directors (“Board”) takes into consideration a number of important factors, including: (1) the nexus between the harm done in the underlying case(s) and the grant program work; (2) the potential for toxics reduction, prevention, remediation, or educational benefits to California citizens from the proposal; (3) the budget requirements of the proposed grantee and the alternate funding sources available to it for its project; and, (4) the Board’s assessment of the proposed grantee’s chances for success in its program work. AYS shall ensure that all funds will be disbursed and used in accordance with AYS’ mission statement, articles of incorporation, bylaws, and applicable state and federal laws and regulations.)
Total Payments:
$ 75,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Tony LoPresti
Contact Organization: 
Altshuler Berzon LLP
Email Address:
tlopresti@altshulerberzon.com
Address: 
177 Post St. Ste. 300
City, State, Zip:
San Francisco, CA 94108
Phone Number:
(415) 421-7151
Fax Number:
(415) 362-8064
Comments: 
Plaintiff will be filing an action in Alameda County Superior Court. This settlement will be submitted to the court for approval as a consent judgment. Plaintiff will properly notice the Attorney General regarding the motion for approval of settlement.
Judgment
AG Number:
2014-00813
Judgment PDF: 
PDF icon 2014-00813J3169.pdf
Judgment Date:
07/18/2016
Settlement reported to AG: 
Thu, 02/18/2016
Case Name: 
As You Sow v. JFC International, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16815680
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Altshuler Berzon LLP
Defendant: 
JFC International, Inc.
Injunctive Relief: 
Beginning no later than ninety days from the effective date of the consent judgment, all of the noticed product that is produced, distributed, and/or sold by the Defendant will provide the following warning statement: "WARNING: Consuming this product will expose you to chemicals, including cadmium and lead, known to the State of California to cause cancer and birth defects and other reproductive harm. The exposure amount is significantly reduced when the instructions for soaking and draining are followed." The warning shall be prominently affixed or printed on the noticed product's packaging and labeling, and shall be displayed with such conspicuousness so as to render the warning statement likely to be read and understood by an ordinary individual under customary conditions of purchase and use. The content and the placement of the warning statement in Exhibit A to the consent judgment meets the requirements of the consent judgment. If Defendant sells the noticed product via an internet site to customers located in California, the warning statement shall be displayed in the same type size as the surrounding, non-heading text, either: (a) on the same page, without scrolling, as the order form for the covered product; (b) on the same page, without scrolling, as the price for the Covered Product; or (c) in a dialogue box which appears and is visible when a California address for delivery is provided by the consumer, so long as the dialogue box appears prior to the completion of the internet sale and requires the consumer to affirmatively accept receipt of the warning set forth in the dialogue box (the warning language in the dialogue box shall be displayed in teh same type size as the surrounding, non-heading text on the screen at the time of the appearance of the dialogue box), as a condition precedent to completing the sale. If Defendant sells the noticed product to California consumers through the website of any internet retailer, Defendant shall send by first class mail or overnight delivery prior to the Compliance Date, a letter instructing the internet retailer to provide warning as Defendant is required to do on its own website. Defendant shall also send any internet retailer that begins to sell the noticed product after the Compliance Date a letter instructing the internet retailer to provide warning in the same manner as Defendant is required to on its own website. The letter shall state that failure to provide these warnings may result in legal liability. In the letter, Defendant shall request that the internet retailer customer respond with a written acknowledgement that it will comply with Defendant's instructions. If Defendant sells the noticed product via mail order to customers in California, Defendant shall prominently display the warning statement in the mail order catalogue in conjunction with the noticed product. The warning shall appear either on the same page as the order form for the noticed product, or on the same page upon which the noticed product's price is listed, in the same type size as the surrounding, non-heading text. The warning shall be added in the first print run of the mail order catalogue on or after the effective date. Except as otherwise provided for in the consent judgment, any changes to the language or format of the warnings shall be made only with Court approval and following written notice to Plaintiff and to the Attorney General.
*Non-Contingent Civil Penalty:
$ 24,000.00
Attorney(s) Fees and Costs:
$ 24,000.00
Payment in Lieu of Penalty:
$ 27,000.00  (The payments in lieu of civil penalties comply with the Attorney General’s regulatory guidance regarding such payments, 11 C.C.R. 3203(b). Specifically, all in lieu payments will be used by Plaintiff As You Sow for grants to California non-profit organizations and by As You Sow’s Environmental Enforcement Fund. The funds will be used for the purpose of reducing or remediating exposures to toxic chemicals and to increase consumer, worker, and community awareness of the health hazards posed by toxic chemicals in California. In deciding among grant proposals, the As You Sow Board of Directors (“Board”) takes into consideration a number of important factors, including: (1) the nexus between the harm done in the underlying case(s) and the grant program work; (2) the potential for toxics reduction, prevention, remediation, or educational benefits to California citizens from the proposal; (3) the budget requirements of the proposed grantee and the alternate funding sources available to it for its project; and, (4) the Board’s assessment of the proposed grantee’s chances for success in its program work. AYS shall ensure that all funds will be disbursed and used in accordance with AYS’ mission statement, articles of incorporation, bylaws, and applicable state and federal laws and regulations.)
Total Payments:
$ 75,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Tony LoPresti
Contact Organization: 
Altshuler Berzon LLP
Email Address:
tlopresti@altshulerberzon.com
Address: 
177 Post St. Ste. 300
City, State, Zip:
San Francisco, CA 94108
Phone Number:
(415) 421-7151
Fax Number:
(415) 362-8064

* 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.