Judgment Date:
08/09/2018
Settlement reported to AG:
Case Name:
As You Sow v. Trader Joe's Company
Court Name:
Alameda County Superior Court - Hayward
Injunctive Relief:
Beginning no later than 90 days from the effective date of the consent judgment, Defendant will post a warning statement on its product that states: "WARNING: Cancer and Reproductive Harm - www.P65Warnings.ca.gov/food." The regulatory warning symbol will be placed directly adjacent to the warning. Defendant must also include its warning on internet sites that it controls and from which it sells the covered product, and in mail order catalogues. Defendant must also take certain steps to ensure that other internet retailers that sell the covered product provide a warning.
*Non-Contingent Civil Penalty:
$ 25,000.00
Attorney(s) Fees and Costs:
$ 57,000.00
Payment in Lieu of Penalty:
$ 18,000.00 (Within thirty days of the Effective Date, Defendant shall pay $18,000 in the form of a check made payable to AYS, with this amount to be used by AYS for grants to California 501(c)(3) non-profit organizations and by the AYS Environmental Enforcement Fund. These funds shall be used to educate and/or reduce or remediate consumer exposures to toxic chemicals such as cadmium 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 ability to perform the funded activities. AYS shall ensure that all funds will be disbursed and used in accordance with this paragraph, as well as AYS’ mission statement, articles of incorporation, bylaws, and applicable state and federal laws and regulations. AYS shall obtain and maintain adequate records to document that the funds are spent on the activities described in this paragraph, and shall provide to the Attorney General, within thirty days of any request, copies of all documentation demonstrating how such funds have been spent. No Party to this Consent Judgment or counsel of record, or spouse or dependent child thereof, has an economic interest in any individual or entity, besides itself, that will receive all or part of an Additional Settlement Payment.)
Total Payments:
$ 100,000.00
Is Judgment Pursuant to Settlement?
City, State, Zip:
San Francisco, CA 94108
Phone Number:
(415) 421-7151
Fax Number:
(415) 362-8064
