60 Day Notice 2016-01206

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2016-01206
Notice PDF: 
PDF icon 2016-01206.pdf
Date Filed: 
10/18/2016
Noticing Party: 
Sara Hammond
Plaintiff Attorney: 
Joseph Agliozzo
Alleged Violators: 
Fitletic Sports LLC
TJX Companies, Inc.
Marmaxx Operating Corp
Marshalls
Chemicals: 
Di(2-ethylhexyl)phthalate (DEHP)
Source: 
Fitletic Neo Sports Armband

60-Day Notice Document

Settlement
AG Number:
2016-01206
Settlement PDF: 
PDF icon 2016-01206S5604.pdf
Settlement Date:
03/08/2017
Case Name: 
Hammond v Fitletic
Court Name: 
Out of Court Settlement
Court Docket Number: 
N/A
Plaintiff: 
Sara Hammond
Plaintiff Attorney: 
Joseph Agliozzo
Defendant: 
Fitletic LLC
Injunctive Relief: 
Fitletic shall not sell the Covered Product in its current formulation for distribution in California in the future, and shall not resume sales of the Covered Product in California unless the product meets the reformulation standard set forth in Paragraph 3.2. 3.2. Upon the Effective Date, Fitletic agrees to only manufacture for sale or purchase for sale in or into California, “Reformulated Covered Products.” For purposes of this Settlement Agreement, “Reformulated Covered Products” are Covered Products containing no more than 1,000 parts per million (0.1%) DEHP in any accessible component (i.e., any component that may be touched during use). In order to determine compliance with this reformulation standard, Fitletic may rely on third party testing from an accredited laboratory.
*Non-Contingent Civil Penalty:
$ 1,000.00
Attorney(s) Fees and Costs:
$ 16,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 17,000.00
Will settlement be submitted to court?
No
Contact Name: 
Joseph Agliozzo
Contact Organization: 
Law Office Of Joseph D. Agliozzo
Email Address:
joeags@gmail.com
Address: 
PO BOX 3582
City, State, Zip:
Manhattan Beach, CA 90266
Phone Number:
(424) 241-3614

* 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.