60 Day Notice 2014-00817

AG Number: 
2014-00817
Notice PDF: 
Date Filed: 
09/17/2014
Noticing Party: 
As You Sow
Plaintiff Attorney: 
Barbara J. Chisholm
Alleged Violators: 
Trader Joe’s Company
Chemicals: 
Cadmium
Source: 
Trader Joe’s Roasted Seaweed Snack

60-Day Notice Document

Civil Complaint
AG Number:
2014-00817
Complaint PDF: 
Date Filed:
04/11/2018
Case Name: 
As You Sow v. Trader Joe's Company
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG18900464
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Barbara J. Chisholm
Tony LoPresti
Defendant: 
Trader Joe's Company
Type of Claim: 
Miscellaneous Civil Petition
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
Tony LoPresti
Contact Organization: 
Altshuler Berzon LLP
Address: 
177 Post St., Suite 300
City, State, Zip:
San Francisco, CA 94108
Phone Number:
(415) 421-7151
Settlement
AG Number:
2014-00817
Settlement PDF: 
Settlement Date:
03/22/2018
Case Name: 
As You Sow v. Trader Joe's Company
Court Name: 
To be filed in Alameda Superior Court
Court Docket Number: 
TBD
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Tony LoPresti
Defendant: 
Trader Joe's
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
Will settlement be submitted to court?
Yes
Contact Name: 
Tony LoPresti
Contact Organization: 
Altshuler Berzon LLP
Address: 
177 Post St. Ste. 300
City, State, Zip:
San Francisco, CA 94108
Phone Number:
(415) 421-7151
Comments: 
Plaintiff will be filing a complaint and motion for approval in Alameda County Superior Court.
Settlement
AG Number:
2014-00817
Settlement PDF: 
Settlement Date:
03/22/2018
Case Name: 
As You Sow v. Trader Joe's Company
Court Name: 
To be filed in Alameda Superior Court
Court Docket Number: 
TBD
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Tony LoPresti
Defendant: 
Trader Joe's
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
Will settlement be submitted to court?
Yes
Contact Name: 
Tony LoPresti
Contact Organization: 
Altshuler Berzon LLP
Address: 
177 Post St. Ste. 300
City, State, Zip:
San Francisco, CA 94108
Phone Number:
(415) 421-7151
Comments: 
Defendant will be filing a complaint and motion for approval in Alameda County Superior Court.
Judgment
AG Number:
2014-00817
Judgment PDF: 
Judgment Date:
08/09/2018
Settlement reported to AG: 
Thu, 03/22/2018
Case Name: 
As You Sow v. Trader Joe's Company
Court Name: 
Alameda County Superior Court - Hayward
Court Docket Number: 
RG18900464
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Altshuler Berzon LLP
Defendant: 
Trader Joe's Company
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?
Yes
Contact Name: 
Tony LoPresti
Contact Organization: 
Altshuler Berzon LLP
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.