60 Day Notice 2018-00201

AG Number: 
2018-00201
Notice PDF: 
Date Filed: 
02/16/2018
Noticing Party: 
Tamar Kaloustian
Plaintiff Attorney: 
Vache Thomassian
Alleged Violators: 
RITE AID CORPORATION
Chemicals: 
Lead
Source: 
Multihealth Fiber Supplement / Psyllium Husk

60-Day Notice Document

Civil Complaint
AG Number:
2018-00201
Complaint PDF: 
Date Filed:
08/31/2018
Case Name: 
TAMAR KALOUSTIAN v. RITE-AID CORPORATION
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
BC720294
Plaintiff: 
TAMAR KALOUSTIAN
Plaintiff Attorney: 
KJT LAW GROUP, LLP
Defendant: 
RITE-AID CORPORATION
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
INJUNCTIVE RELIEF
Contact Name: 
CASPAR JIVALAGIAN, ESQ.
Contact Organization: 
KJT LAW GROUP, LLP
Email Address:
Address: 
230 N. Maryland Avenue, Suite 306
City, State, Zip:
Glendale, CA 91206
Phone Number:
(818) 507-8525
Fax Number:
(818) 507-8588
Settlement
AG Number:
2018-00201
Settlement PDF: 
Settlement Date:
09/23/2019
Case Name: 
Kaloustian v. Rite-Aid Corporation
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
BC720294
Plaintiff: 
Tamar Kaloustian
Plaintiff Attorney: 
Vache Thomassian
Defendant: 
Rite-Aid Corporation
Injunctive Relief: 
Commencing Ninety (90) days after the Effective Date, Defendant shall not ship, sell, or offer to sell in California a Covered Product(s) that is/are manufactured, distributed or sold by Defendant for which the serving size suggested on the label contains more than 0.5 micrograms of lead per day unless the label of the Covered Product contains a Proposition 65 compliant warning as set forth in Section 2.3. Ninety (90) days after the Effective Date in California, Covered Products manufactured, distributed or sold by Defendant shall either be (a) reformulated pursuant to Section 2.1, or (b) include a warning as provided in Section 2.3. 2.1 Reformulation Option. The Covered Products shall be deemed to comply with Proposition 65 with regard to lead and be exempt from any Proposition 65 warning requirements for lead if the product contains a lead content less than 0.5 micrograms per serving, per day. 2.2 Warning Alternative. Commencing on the Effective Date, Covered Products that Defendant ships, sells or offers for sale in California that do not meet the warning exemption standard set forth in Section 2.1 above shall be accompanied by a warning as described in Section 2.3 below no later than Ninety (90) days after the Effective Date. The warning requirements set forth in paragraph 2.3 below, apply only to Covered Products Defendant manufactures, distributes, markets, sells or ships for distribution Ninety (90) days after the Effective Date for sale or use inside the State of California. 2.3 Warnings. Where required under Section 2.2 above, Defendant shall provide one of the following Proposition 65 warnings: WARNING: This product can expose you to chemicals including lead, which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov. OR WARNING: This product contains [lead,] a chemical known to the State of California to cause cancer and birth defects or other reproductive harm. OR WARNING: Cancer and Reproductive Harm - www.P65Warnings.ca.gov. 2.4 Where utilized as an alternative to meeting the reformulation criteria set forth in Section 2.1, Defendant shall provide the warning language set forth in Section 2.3: (a) With the unit package of the Covered Products or affixed to the Covered Products. Such warning shall be prominently affixed to or printed on each Covered Product’s label or package. If printed on the label, the warning shall be contained in the same section that states other safety warnings, if any, concerning the use of the Covered Product; Defendant may continue to utilize, on an ongoing basis, unit packaging containing substantively the same Proposition 65 warnings as those set forth in Section 2.3 above, but only to the extent such packaging materials have already been printed within one hundred twenty days of the Effective Date. 2.5 The requirements for warnings, set forth in Section 2.3 above are imposed pursuant to the terms of this Settlement Agreement. The Parties recognize that these are not the exclusive methods of providing a warning under Proposition 65 and its implementing regulations and that they may or may not be appropriate in other circumstances.
*Non-Contingent Civil Penalty:
$ 7,800.00
Attorney(s) Fees and Costs:
$ 44,700.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 52,500.00
Will settlement be submitted to court?
Will settlement be submitted to court?: 
Yes
Contact Name: 
Vache Thomassian
Contact Organization: 
KJT Law Group, LLP
Email Address:
vache@kjtlawgroup.com
Address: 
230 N. Maryland Ave. Suite 306
City, State, Zip:
Glendale, CA 91206
Phone Number:
(818) 507-8525
Fax Number:
(818) 507-8588
Judgment
AG Number:
2018-00201
Judgment PDF: 
Judgment Date:
06/17/2020
Settlement reported to AG: 
Mon, 09/23/2019
Case Name: 
Kaloustian v. Rite-Aid Corporation
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
BC720294
Plaintiff: 
Tamar Kaloustian
Plaintiff Attorney: 
Vache Thomassian
Defendant: 
Rite-Aid Corporation
Injunctive Relief: 
Defendant shall not ship, sell, or offer to sell in California a Covered Product(s) that is/are manufactured, distributed or sold by Defendant for which the serving size suggested on the label contains more than 0.5 micrograms of lead per day unless the label of the Covered Product contains a Proposition 65 compliant warning…
*Non-Contingent Civil Penalty:
$ 7,800.00
Attorney(s) Fees and Costs:
$ 44,700.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 52,500.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Vache Thomassian
Contact Organization: 
KJT Law Group, LLP
Email Address:
vache@kjtlawgroup.com
Address: 
230 N. Maryland Ave., 306
City, State, Zip:
GLENDALE, CA 91206
Phone Number:
(818) 507-8525
Fax Number:
(818) 507-8588


* 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.