60 Day Notice 2017-01994

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2017-01994
Notice PDF: 
PDF icon 2017-01994.pdf
Date Filed: 
07/10/2017
Noticing Party: 
Kim Embry
Plaintiff Attorney: 
Glick Law Group, PC
Alleged Violators: 
A. Loacker USA Inc.
99 Ranch Market
Chemicals: 
Acrylamide
Source: 
Quadratini Almonds bite size Wafer cookies
NOTE: 
Service on the Office of the Attorney General was effective August 23, 2017.

60-Day Notice Document

Civil Complaint
AG Number:
2017-01994
Complaint PDF: 
PDF icon 2017-01994C5695.pdf
Date Filed:
01/04/2019
Case Name: 
Embry v. A. Loacker USA, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG19001295
Plaintiff: 
Kim Embry
Plaintiff Attorney: 
GLICK LAW GROUP
Defendant: 
A. LOACKER USA, INC.
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
Noam Glick
Contact Organization: 
Glick Law Group
Email Address:
glick@glicklawgroup.com
Address: 
225 Broadway, 21st Floor
City, State, Zip:
San Diego, CA 9210 I
Phone Number:
(619) 3K2-3400
Fax Number:
(619) 615-2193
Settlement
AG Number:
2017-01994
Settlement PDF: 
PDF icon 2017-01994S7421.pdf
Settlement Date:
03/04/2019
Case Name: 
Embry v. A. Loacker, USA, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG19001295
Plaintiff: 
Kim Embry
Plaintiff Attorney: 
Noam Glick
Defendant: 
A. Loacker, USA, Inc.
Injunctive Relief: 
2.1 Reformulation of the Covered Products Commencing on the Effective Date, and continuing thereafter, Defendant Releasees shall only manufacture, ship, sell, or offer for sale Covered Products that: (a) contain an average acrylamide concentration by weight (the “Average Level”) of 115 parts per billion or less; or (b) are labeled with a clear and reasonable warning pursuant to Section 2.2. The Average Level shall be determined: (a) by randomly selecting and testing at least one sample each from five different lots of the product (or the maximum number of lots available for testing if less than five) that were produced on dates spread out roughly evenly over a period of at least 60 days; and (b) using tests performed by a laboratory accredited by the State of California, a federal agency, or a nationally recognized accrediting organization, using LC-MS/MS (Liquid Chromatograph-Mass Spectrometry). 2.2 Clear and Reasonable Warnings Commencing on the Effective Date and continuing thereafter, Defendant Releasees shall, for all Covered Products that do not contain an Average Level of 115 parts per billion or less, provide clear and reasonable warnings as set forth in Proposition 65 and related Regulations. In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting warning text, permitting the absence of warning text, and/or permitting methods of transmission different than those set forth above, Defendant Releasees shall be entitled to use, at their discretion, such other warning text and/or method of transmission without being deemed in breach of this Consent Judgment. 2.3 Sell-Through Period Notwithstanding anything else in this Settlement Agreement, Covered Products that were manufactured before the Effective Date shall be subject to a full release of all liability pursuant to this Consent Judgment, without regard to when such Covered Products were, or are in the future, distributed or sold to customers. The obligations of Defendant Releasees, do not apply to Covered Products manufactured before the Effective Date. Claims concerning those earlier manufactured products are released nonetheless. 2.4 Court Approval of Less Onerous Compliance Measures If a California court approves a Proposition 65 consent judgment concerning acrylamide for one or more competitors of any Defendant Releasee that provides for materially less onerous compliance measures, the Court, upon application by Loacker, shall modify this Consent Judgment to replace the more onerous compliance measures set forth herein with those less onerous compliance measures.
*Non-Contingent Civil Penalty:
$ 6,000.00
Attorney(s) Fees and Costs:
$ 54,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 60,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Noam Glick
Contact Organization: 
Glick Law Group
Email Address:
noam@glicklawgroup.com
Address: 
225 Broadway, 21st Floor
City, State, Zip:
San Diego, CA 92101
Phone Number:
(619) 382-3400
Fax Number:
(619) 615-2193
Corrected Judgment
AG Number:
2017-01994
Judgment PDF: 
PDF icon 2017-01994J4302.pdf
Judgment Date:
05/22/2019
Settlement reported to AG: 
Mon, 03/04/2019
Case Name: 
Kim Embry v. A. Loacker USA, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG19001295
Plaintiff: 
Kim Embry
Plaintiff Attorney: 
Nicholas & Tomasevic, LLP
Glick Law Group, P.C.
Defendant: 
A. Loacker USA, Inc.
Injunctive Relief: 
Reformulation and warning
*Non-Contingent Civil Penalty:
$ 6,000.00
Attorney(s) Fees and Costs:
$ 54,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 60,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Samantha Dice
Contact Organization: 
Environmental Health Advocates
Email Address:
samantha@glicklawgroup.com
Address: 
225 Broadway, Suite 2100
City, State, Zip:
San Diego, CA 92101
Phone Number:
(619) 382-3400
Fax Number:
(619) 393-0154

* 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.