60 Day Notice 2014-01173

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2014-01173
Notice PDF: 
PDF icon 2014-01173.pdf
Date Filed: 
11/04/2014
Noticing Party: 
As You Sow
Plaintiff Attorney: 
Barbara J. Chisholm
Alleged Violators: 
Mishima Foods U.S.A. Inc.
Chemicals: 
Cadmium
Lead
Source: 
Seaweed Roll Soft and Crunchy Brown Rice Cracker

60-Day Notice Document

Civil Complaint
AG Number:
2014-01173
Complaint PDF: 
PDF icon 2014-01173C4391.pdf
Date Filed:
09/13/2016
Case Name: 
As You Sow v. Mishima Foods U.S.A. Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16830857
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Altshuler Berzon LLP
Defendant: 
Mishima Foods U.S.A. Inc.
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
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: 
As You Sow will file a motion for settlement approval in the near future.
Settlement
AG Number:
2014-01173
Settlement PDF: 
PDF icon 2014-01173S5061.pdf
Settlement Date:
06/29/2016
Case Name: 
As You Sow v. Mishima Foods U.S.A. Inc
Court Name: 
Alameda County Superior Court
Court Docket Number: 
Not yet available
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Altshuler Berzon LLP
Defendant: 
Mishima Foods U.S.A. Inc.
Injunctive Relief: 
No later than September 1, 2016, or 45 days from the effective date of the consent judgment, whichever is earlier, Defendant will place a warning on all of the noticed product that it produces, distributes, or sells in the State of California, as follows: "WARNING: This product will expose you to chemicals, including cadmium and lead, known to the State of California to cause cancer and birth defects or other reproductive harm." Defendant will prominently place the warning on the package, as set forth in Exhibit A to the consent judgment. Defendant will also include the warning on any internet site it uses to sell the noticed product, and will notify internet retailers that sell the product that failure to provide a similar warning could result in liability. Defendant will place the warning on any mail order catalogue it uses to sell the noticed product. Additionally, Defendant will investigate alternative sources and make a good faith and diligent effort to reduce the levels of cadmium and lead in the noticed product. Defendant will test the noticed product at least once every six months. Provided that Defendant successfully reduces both the level of cadmium in the noticed product to below 4.1 micrograms per 30 gram serving and the level of lead in the noticed product to below .5 micrograms per 30 gram serving for three consecutive tests conducted at least six months apart, Defendant may change the warning on the noticed product to state: "Warning: Ingesting more than the recommended serving size of this product will expose you to levels of chemicals that may cause cancer and birth defects or other reproductive harm." Provided that Defendant successfully reduces both the level of cadmium in the noticed product to below 2.05 micrograms per 30 gram serving and the level of lead in the noticed product to below .25 micrograms per 30 gram serving for three consecutive tests conducted at least six months apart, Defendant may, upon mutual agreement with Plaintiff in writing, remove the warning label on the noticed product.
*Non-Contingent Civil Penalty:
$ 2,500.00
Attorney(s) Fees and Costs:
$ 15,000.00
Payment in Lieu of Penalty:
$ 2,500.00  (In lieu payments will be used by Plaintiff for grants to California non-profit organizations and by the As You Sow Environmental Enforcement Fund. These funds shall be used to reduce or remediate exposures to toxic chemicals in California. In deciding among grant proposals, the As You Sow Board of Directors takes into consideration a number of important factors, including: (1) the nexus between the harm done in the underlying cases; (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. Plaintiff shall ensure that all funds will be disbursed and used in accordance with Plaintiff's mission statement, articles of incorporation, bylaws, and applicable state and federal laws and regulations.)
Total Payments:
$ 20,000.00
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
Comments: 
Plaintiff will be be filing an action in Alameda County Superior Court, and will file a motion for settlement approval shortly thereafter. Plaintiff will properly serve the Attorney General's office, as required by the applicable regulations.
Corrected Judgment
AG Number:
2014-01173
Judgment PDF: 
PDF icon 2014-01173J3294.pdf
Judgment Date:
11/10/2016
Settlement reported to AG: 
Wed, 06/29/2016
Case Name: 
As You Sow v. Mishima Foods U.S.A. Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16830857
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Altshuler Berzon LLP
Defendant: 
Mishima Foods U.S.A. Inc.
Injunctive Relief: 
No later than September 1, 2016, or 45 days from the effective date of the consent judgment, whichever is earlier, Defendant will place a warning on all of the noticed product that it produces, distributes, or sells in the State of California, as follows: "WARNING: This product will expose you to chemicals, including cadmium and lead, known to the State of California to cause cancer and birth defects or other reproductive harm." Defendant will prominently place the warning on the package, as set forth in Exhibit A to the consent judgment. Defendant will also include the warning on any internet site it uses to sell the noticed product, and will notify internet retailers that sell the product that failure to provide a similar warning could result in liability. Defendant will place the warning on any mail order catalogue it uses to sell the noticed product. Additionally, Defendant will investigate alternative sources and make a good faith and diligent effort to reduce the levels of cadmium and lead in the noticed product. Defendant will test the noticed product at least once every six months. Provided that Defendant successfully reduces both the level of cadmium in the noticed product to below 4.1 micrograms per 30 gram serving and the level of lead in the noticed product to below .5 micrograms per 30 gram serving for three consecutive tests conducted at least six months apart, Defendant may change the warning on the noticed product to state: "Warning: Ingesting more than the recommended serving size of this product will expose you to levels of chemicals that may cause cancer and birth defects or other reproductive harm." Provided that Defendant successfully reduces both the level of cadmium in the noticed product to below 2.05 micrograms per 30 gram serving and the level of lead in the noticed product to below .25 micrograms per 30 gram serving for three consecutive tests conducted at least six months apart, Defendant may, upon mutual agreement with Plaintiff in writing, remove the warning label on the noticed product.
*Non-Contingent Civil Penalty:
$ 2,500.00
Attorney(s) Fees and Costs:
$ 15,000.00
Payment in Lieu of Penalty:
$ 2,500.00  ($ 2,500.00 (In lieu payments will be used by Plaintiff for grants to California non-profit organizations and by the As You Sow Environmental Enforcement Fund. These funds shall be used to reduce or remediate exposures to toxic chemicals in California. In deciding among grant proposals, the As You Sow Board of Directors takes into consideration a number of important factors, including: (1) the nexus between the harm done in the underlying cases; (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. Plaintiff shall ensure that all funds will be disbursed and used in accordance with Plaintiff's mission statement, articles of incorporation, bylaws, and applicable state and federal laws and regulations.))
Total Payments:
$ 20,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Tony LoPresti
Contact Organization: 
Altshuler Berzon LLP
Email Address:
tloprestri@altber.com
Address: 
177 Post Street, Suite 300
City, State, Zip:
San Francisco, CA 94108
Phone Number:
(415) 421-7151
Fax Number:
(415) 362-8064
Judgment
AG Number:
2014-01173
Judgment PDF: 
PDF icon 2014-01173J3286.pdf
Judgment Date:
11/10/2016
Settlement reported to AG: 
Wed, 06/29/2016
Case Name: 
As You Sow v. Mishima Foods U.S.A. Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16830857
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Altshuler Berzon LLP
Defendant: 
Mishima Foods U.S.A. Inc.
Injunctive Relief: 
No later than September 1, 2016, or 45 days from the effective date of the consent judgment, whichever is earlier, Defendant will place a warning on all of the noticed product that it produces, distributes, or sells in the State of California, as follows: "WARNING: This product will expose you to chemicals, including cadmium and lead, known to the State of California to cause cancer and birth defects or other reproductive harm." Defendant will prominently place the warning on the package, as set forth in Exhibit A to the consent judgment. Defendant will also include the warning on any internet site it uses to sell the noticed product, and will notify internet retailers that sell the product that failure to provide a similar warning could result in liability. Defendant will place the warning on any mail order catalogue it uses to sell the noticed product. Additionally, Defendant will investigate alternative sources and make a good faith and diligent effort to reduce the levels of cadmium and lead in the noticed product. Defendant will test the noticed product at least once every six months. Provided that Defendant successfully reduces both the level of cadmium in the noticed product to below 4.1 micrograms per 30 gram serving and the level of lead in the noticed product to below .5 micrograms per 30 gram serving for three consecutive tests conducted at least six months apart, Defendant may change the warning on the noticed product to state: "Warning: Ingesting more than the recommended serving size of this product will expose you to levels of chemicals that may cause cancer and birth defects or other reproductive harm." Provided that Defendant successfully reduces both the level of cadmium in the noticed product to below 2.05 micrograms per 30 gram serving and the level of lead in the noticed product to below .25 micrograms per 30 gram serving for three consecutive tests conducted at least six months apart, Defendant may, upon mutual agreement with Plaintiff in writing, remove the warning label on the noticed product.
*Non-Contingent Civil Penalty:
$ 2,500.00
Attorney(s) Fees and Costs:
$ 15,000.00
Payment in Lieu of Penalty:
$ 2,500.00  (In lieu payments will be used by Plaintiff for grants to California non-profit organizations and by the As You Sow Environmental Enforcement Fund. These funds shall be used to reduce or remediate exposures to toxic chemicals in California. In deciding among grant proposals, the As You Sow Board of Directors takes into consideration a number of important factors, including: (1) the nexus between the harm done in the underlying cases; (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. Plaintiff shall ensure that all funds will be disbursed and used in accordance with Plaintiff's mission statement, articles of incorporation, bylaws, and applicable state and federal laws and regulations.)
Total Payments:
$ 20,000.00
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.