60 Day Notice 2018-00400

AG Number: 
2018-00400
Notice PDF: 
Date Filed: 
03/19/2018
Noticing Party: 
Tamar Kaloustian
Plaintiff Attorney: 
Vache Thomassian, Esq.
Alleged Violators: 
BOB'S RED MILL NATURAL FOODS, INC.
Chemicals: 
Lead
Source: 
PREMIUM QUALITY PSYLLIUM FIBER POWDER

60-Day Notice Document

Civil Complaint
AG Number:
2018-00400
Complaint PDF: 
Date Filed:
08/16/2018
Case Name: 
TAMAR KALOUSTIAN v. BOB'S RED MILL NATURAL FOODS, INC.
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
UNASSIGNED
Plaintiff: 
TAMAR KALOUSTIAN
Plaintiff Attorney: 
KJT Law Group, LLP
Defendant: 
BOB'S RED MILL NATURAL FOODS, INC.
Type of Claim: 
VIOLATION OF HEALTH & SAFETY CODE 25249.6
Relief Sought: 
MONETARY, NON MONETARY; DECLARATORY OR 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:
2018-00400
Settlement PDF: 
Settlement Date:
07/30/2020
Case Name: 
KALOUSTIAN v. BOB'S RED MILL NATURAL FOODS, INC.
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
BC717941
Plaintiff: 
Tamar Kaloustian
Plaintiff Attorney: 
Vache Thomassian
Defendant: 
BOB'S RED MILL NATURAL FOODS, INC.
Injunctive Relief: 
Commencing One hundred and twenty (120) 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. One hundred and twenty (120) 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 equal to or less than 0.5 micrograms per serving, per day, such concentration to be determined by use of a test performed by an accredited laboratory using inductively coupled plasma mass spectrometry (ICP-MS) equipment that meets standard laboratory QA/QC requirements, or another testing method agreed upon by the Parties.. 2.2 Warning Alternative. Commencing 120 days after 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. The warning requirements set forth in paragraph 2.3 below, apply only to Covered Products Defendant manufactures, distributes, markets, sells or ships for distribution 120 days after the Effective Date for sale or use inside the State of California.
*Non-Contingent Civil Penalty:
$ 5,000.00
Attorney(s) Fees and Costs:
$ 33,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 38,000.00
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) 507-8525
Judgment
AG Number:
2018-00400
Judgment PDF: 
Judgment Date:
09/16/2020
Settlement reported to AG: 
Thu, 07/30/2020
Case Name: 
KALOUSTIAN v. BOB'S RED MILL NATURAL FOODS, INC.
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
BC717941
Plaintiff: 
Tamar Kaloustian
Plaintiff Attorney: 
Vache Thomassian
Defendant: 
BOB'S RED MILL NATURAL FOODS, INC.
Injunctive Relief: 
Commencing One hundred and twenty (120) 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. One hundred and twenty (120) 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 equal to or less than 0.5 micrograms per serving, per day, such concentration to be determined by use of a test performed by an accredited laboratory using inductively coupled plasma mass spectrometry (ICP-MS) equipment that meets standard laboratory QA/QC requirements, or another testing method agreed upon by the Parties.. 2.2 Warning Alternative. Commencing 120 days after 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. The warning requirements set forth in paragraph 2.3 below, apply only to Covered Products Defendant manufactures, distributes, markets, sells or ships for distribution 120 days after the Effective Date for sale or use inside the State of California.
*Non-Contingent Civil Penalty:
$ 5,000.00
Attorney(s) Fees and Costs:
$ 33,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 38,000.00
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. Suite 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.