60 Day Notice 2017-02471

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2017-02471
Notice PDF: 
PDF icon 2017-02471.pdf
Date Filed: 
11/09/2017
Noticing Party: 
Kim Embry
Plaintiff Attorney: 
Glick Law Group, PC
Alleged Violators: 
Hampton Products International Corporation dba Keeper Corporation
Orchard Supply Hardware
Chemicals: 
Di(2-ethylhexyl)phthalate (DEHP)
Source: 
Keeper Vinyl Coated Hooks 10- Pack
Comments: 
This notice supercedes 60-Day Notice AG2017-02403 dated October 13, 2017.

60-Day Notice Document

Civil Complaint
AG Number:
2017-02471
Complaint PDF: 
PDF icon 2017-02471C6362.pdf
Date Filed:
03/14/2018
Case Name: 
Embry v. Hampton Products International Corporation
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG18896654
Plaintiff: 
Kim Embry
Plaintiff Attorney: 
Glick Law Group, PC
Nicholas & Tomasevic, LLP
Defendant: 
Hampton Products International Corporation
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
Samantha Dice
Contact Organization: 
Environmental Health Advocates, Inc.
Email Address:
samantha@glicklawgroup.com
Address: 
225 Broadway, Suite 2100
City, State, Zip:
San Diego, CA 92101
Phone Number:
(619) 382-3400
Settlement
AG Number:
2017-02471
Settlement PDF: 
PDF icon 2017-02471S6349.pdf
Settlement Date:
02/01/2018
Case Name: 
Embry v. Hampton Products International Corporation
Court Name: 
Alameda County Superior Court
Court Docket Number: 
N/A - Complaint to be Filed
Plaintiff: 
Kim Embry
Plaintiff Attorney: 
Nicholas & Tomasevic, LLP
Glick Law Group, PC
Defendant: 
Hampton Products International Corporation
Injunctive Relief: 
Commencing ninety (90) days after the Effective Date, and continuing thereafter, Defendant agrees to manufacture or distribute for sale in California only (a) “Reformulated Products” pursuant to Section 2.2, or (b) Products that are labeled with a clear and reasonable warning pursuant to Section 2.3. Defendant and its downstream retailers shall have no obligation to reformulate or label Product that has been manufactured, distributed, offered for sale, or has otherwise entered the stream of commerce prior to the Effective Date. “Reformulated Product” shall mean Product that contains less than one thousand (1,000) parts per million of DEHP. Except as set forth in Section 2.1, commencing ninety (90) days after the Effective Date, Defendant shall provide a clear and reasonable warning for any Product that it manufactures, distributes, or offers for sale in California that is not a Reformulated Product.
*Non-Contingent Civil Penalty:
$ 5,000.00
Attorney(s) Fees and Costs:
$ 41,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 46,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Noam Glick
Contact Organization: 
Glick Law Group, PC
Email Address:
noam@glicklawgroup.com
Address: 
225 Broadway, 21st Floor
City, State, Zip:
San Diego, CA 92101
Phone Number:
(619) 382-3400
Judgment
AG Number:
2017-02471
Judgment PDF: 
PDF icon 2017-02471J3958.pdf
Judgment Date:
09/07/2018
Settlement reported to AG: 
Thu, 02/01/2018
Case Name: 
Embry v. Hampton Products International
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG18896654
Plaintiff: 
Kim Embry
Plaintiff Attorney: 
Nicholas & Tomasevic, LLP
Glick Law Group, PC
Defendant: 
Hampton Products International Corporation
Injunctive Relief: 
Commencing ninety (90) days after the Effective Date, and continuing thereafter, Defendant agrees to manufacture or distribute for sale in California only (a) “Reformulated Products” pursuant to Section 2.2, or (b) Products that are labeled with a clear and reasonable warning pursuant to Section 2.3. Defendant and its downstream retailers shall have no obligation to reformulate or label Product that has been manufactured, distributed, offered for sale, or has otherwise entered the stream of commerce prior to the Effective Date. “Reformulated Product” shall mean Product that contains less than one thousand (1,000) parts per million of DEHP. Except as set forth in Section 2.1, commencing ninety (90) days after the Effective Date, Defendant shall provide a clear and reasonable warning for any Product that it manufactures, distributes, or offers for sale in California that is not a Reformulated Product.
*Non-Contingent Civil Penalty:
$ 5,000.00
Attorney(s) Fees and Costs:
$ 41,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 46,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Shaun
Contact Organization: 
Markley
Email Address:
smarkley@nicholaslaw.org
Address: 
225 Broadway, 19th Floor
City, State, Zip:
San Diego, CA 92101
Phone Number:
(619) 325-0492

* 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.