60 Day Notice 2018-00306

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2018-00306
Notice PDF: 
PDF icon 2018-00306.pdf
Date Filed: 
03/09/2018
Noticing Party: 
Center for Advanced Public Awareness, Inc. ("CAPA")
Plaintiff Attorney: 
Aqua Terra Aeris Law Group
Alleged Violators: 
JVCKenwood USA Corporation, Inc.
Kenwood Technologies USA, Inc.
JVC America, Inc.
Zetron, Inc.
Chemicals: 
Diisononyl phthalate (DINP)
Source: 
JVC Lightweight On-Ear Headphones

60-Day Notice Document

Civil Complaint
AG Number:
2018-00306
Complaint PDF: 
PDF icon 2018-00306C5512.pdf
Date Filed:
09/26/2018
Case Name: 
Center for Advanced Public Awareness v JVCKenwood USA
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG18922356
Plaintiff: 
Center for Advanced Public Awareness, Inc.
Plaintiff Attorney: 
Aqua Terra Aeris Law Group
Defendant: 
JVCKenwood USA Corporation
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
Matthew C. Maclear
Contact Organization: 
Aqua Terra Aeris Law Group
Email Address:
mcm@atalawgroup.com
Address: 
490 43rd Street, Ste 108
City, State, Zip:
Oakland, CA 94609
Phone Number:
(415) 568-5200
Settlement
AG Number:
2018-00306
Settlement PDF: 
PDF icon 2018-00306S7124.pdf
Settlement Date:
11/15/2018
Case Name: 
CAPA v. JVCKenwood
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG18922356
Plaintiff: 
Center for Advanced Public Awareness, Inc.
Plaintiff Attorney: 
Aqua Terra Aeris Law Group
Defendant: 
JVCKenwood USA Corporation
Injunctive Relief: 
Warning
*Non-Contingent Civil Penalty:
$ 10,000.00
Attorney(s) Fees and Costs:
$ 30,528.00
Payment in Lieu of Penalty:
$ 7,472.00  ($7,472 shall be distributed to CAPA as an Additional Settlement Payment (“ASP”), pursuant to California Code of Regulations, title 11, sections 3203, subdivision (d) and 3204. CAPA will utilize the ASP for activities that address the same public harm as allegedly caused by JVCKenwood in this matter. These activities are detailed below and support CAPA’s overarching goal of reducing use, misuse, and exposure to hazardous and toxic chemicals, including DINP and other phthalates, fostering and increasing the public awareness of chemicals inherent in consumer products, facilitating a safe environment for consumers and employees, and encouraging corporate responsibility. CAPA’s activities have had, and will continue to have, a direct and primary effect within the State of California because California consumers will be benefitted by the reduction of exposure to Proposition 65-listed phthalates and increase informed choices made by patients and consumers before exposure by providing clear and reasonable warnings to California consumers prior to exposure resulting from purchase of the products. CAPA hereby provides the following list of activities CAPA engages in to protect California consumers through Proposition 65 citizen enforcement, along with a breakdown of how ASP funds will be utilized to facilitate those activities: (1) ENFORCEMENT (70%-80%): investigating, obtaining, shipping, analyzing, and/or testing products that may contain carcinogenic chemicals, e.g. phthalates, and are sold to and expose California consumers to chemicals listed under Proposition 65; continued monitoring and enforcement of past consent judgments and settlements to ensure companies are in compliance with their obligations thereunder, with a specific focus on those judgments and settlements concerning chemicals of concern, e.g. phthalates, (which necessarily includes additional work, investigating, purchasing, processing, analyzing and/or testing consumer products; litigating matters that result in settlements, judgments, defaults, bankruptcies, or dismissals); (2) PUBLIC OUTREACH (5%-10%): public outreach through CAPA’s continuing advocacy in regulatory proceedings and rulemakings related to sales and use of phthalate-related chemicals listed under Proposition 65 in California to ensure the public receives information about carcinogens contained in consumer products containing phthalates; and public service announcements about the risks associated with exposure to phthalates; (3) SPECIAL PROJECTS (up to 5%): projects involving expert, non-legal opinions not specific to any one consumer product case that are necessary to the continued private enforcement of Proposition 65 concerning exposure to listed chemicals; assessing exposure scenarios and types of products associated with listed phthalates; and/or (4) PRODUCT DATABASE (up to 5%): maintaining a database with all products sold to California consumers that CAPA has obtained which could cause an exposure to listed chemicals causing carcinogenic or reproductive harms associated with phthalates. CAPA will maintain adequate records to document that the funds paid as an ASP are spent on the activities described herein. CAPA shall be fully accountable in that it will maintain adequate records to document and will be able to demonstrate how the ASP funds will be spent and can assure that the funds are being spent only for the proper, designated purposes described in this Consent Judgment. CAPA shall provide the Attorney General, within thirty (30) days of any request, copies of documentation demonstrating how such funds have been spent. )
Total Payments:
$ 48,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Matthew Maclear
Contact Organization: 
Aqua Terra Aeris Law Group
Email Address:
mcm@atalawgroup.com
Address: 
490 43rd Street, Suite 108
City, State, Zip:
Oakland, CA 94609
Phone Number:
(415) 568-5200
Judgment
AG Number:
2018-00306
Judgment PDF: 
PDF icon 2018-00306J4085.pdf
Judgment Date:
02/05/2019
Settlement reported to AG: 
Thu, 11/15/2018
Case Name: 
Center for Advanced Public Awareness v JVCKenwood USA Corp
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG18922356
Plaintiff: 
Center for Advanced Public Awareness
Plaintiff Attorney: 
Aqua Terra Aeris Law Group
Defendant: 
JVCKenwood USA Corporation
Injunctive Relief: 
Warning
*Non-Contingent Civil Penalty:
$ 10,000.00
Attorney(s) Fees and Costs:
$ 30,528.00
Payment in Lieu of Penalty:
$ 7,472.00  ($7,472 shall be distributed to CAPA as an Additional Settlement Payment (“ASP”), pursuant to California Code of Regulations, title 11, sections 3203, subdivision (d) and 3204. CAPA will utilize the ASP for activities that address the same public harm as allegedly caused by JVCKenwood in this matter. These activities are detailed below and support CAPA’s overarching goal of reducing use, misuse, and exposure to hazardous and toxic chemicals, including DINP and other phthalates, fostering and increasing the public awareness of chemicals inherent in consumer products, facilitating a safe environment for consumers and employees, and encouraging corporate responsibility. CAPA’s activities have had, and will continue to have, a direct and primary effect within the State of California because California consumers will be benefitted by the reduction of exposure to Proposition 65-listed phthalates and increase informed choices made by patients and consumers before exposure by providing clear and reasonable warnings to California consumers prior to exposure resulting from purchase of the products. CAPA hereby provides the following list of activities CAPA engages in to protect California consumers through Proposition 65 citizen enforcement, along with a breakdown of how ASP funds will be utilized to facilitate those activities: (1) ENFORCEMENT (70%-80%): investigating, obtaining, shipping, analyzing, and/or testing products that may contain carcinogenic chemicals, e.g. phthalates, and are sold to and expose California consumers to chemicals listed under Proposition 65; continued monitoring and enforcement of past consent judgments and settlements to ensure companies are in compliance with their obligations thereunder, with a specific focus on those judgments and settlements concerning chemicals of concern, e.g. phthalates, (which necessarily includes additional work, investigating, purchasing, processing, analyzing and/or testing consumer products; litigating matters that result in settlements, judgments, defaults, bankruptcies, or dismissals); (2) PUBLIC OUTREACH (5%-10%): public outreach through CAPA’s continuing advocacy in regulatory proceedings and rulemakings related to sales and use of phthalate-related chemicals listed under Proposition 65 in California to ensure the public receives information about carcinogens contained in consumer products containing phthalates; and public service announcements about the risks associated with exposure to phthalates; (3) SPECIAL PROJECTS (up to 5%): projects involving expert, non-legal opinions not specific to any one consumer product case that are necessary to the continued private enforcement of Proposition 65 concerning exposure to listed chemicals; assessing exposure scenarios and types of products associated with listed phthalates; and/or (4) PRODUCT DATABASE (up to 5%): maintaining a database with all products sold to California consumers that CAPA has obtained which could cause an exposure to listed chemicals causing carcinogenic or reproductive harms associated with phthalates. CAPA will maintain adequate records to document that the funds paid as an ASP are spent on the activities described herein. CAPA shall be fully accountable in that it will maintain adequate records to document and will be able to demonstrate how the ASP funds will be spent and can assure that the funds are being spent only for the proper, designated purposes described in this Consent Judgment. CAPA shall provide the Attorney General, within thirty (30) days of any request, copies of documentation demonstrating how such funds have been spent.)
Total Payments:
$ 48,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Matthew C. Maclear
Contact Organization: 
Aqua Terra Aeris Law Group
Email Address:
mcm@atalawgroup.com
Address: 
490 43rd Street, Ste 108
City, State, Zip:
Oakland, CA 94609
Phone Number:
(415) 568-5200

* 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.