60 Day Notice 2018-01436

AG Number: 
2018-01436
Notice PDF: 
Date Filed: 
08/20/2018
Noticing Party: 
Sara Hammond
Plaintiff Attorney: 
Joseph D. Agliozzo, Law Corporation
Alleged Violators: 
Waterbrands LLC
Wal-Mart.com USA LLC
Chemicals: 
Di(2-ethylhexyl)phthalate (DEHP)
Source: 
PHONEPAK Waterproof Large Phone Pouch w/armband UPC 8 14154 01525 0 Walmart SKU 567223850

60-Day Notice Document

Settlement
AG Number:
2018-01436
Settlement PDF: 
Settlement Date:
02/01/2019
Case Name: 
Hammond v Waterbrands LLC
Court Name: 
None
Court Docket Number: 
Out of Court Settlement
Plaintiff: 
Sara Hammond
Plaintiff Attorney: 
Joseph D. Agliozzo, Law Corporation
Defendant: 
Waterbrands, LLC
Injunctive Relief: 
3.1. Effective on and after the Effective Date Waterbrands shall not sell the Covered Product for distribution in California in the future and shall not resume sales of the Covered Product in California unless the product meets the reformulation standard set forth in Paragraph 3.2 or unless Waterbrands provides a clear and reasonable warning for any non-reformulated Covered Product that it sells in California. 3.2. Except as provided above, effective on and after the Effective Date, Waterbrands agrees to only sell in California, “Reformulated Covered Products.” For purposes of this Settlement Agreement, “Reformulated Covered Products” are Covered Products containing no more than 1,000 parts per million (0.1%) DEHP in any accessible component (“accessible component” is defined as any component that could be touched by a person during reasonably foreseeable use). In order to determine compliance with this reformulation standard, Waterbrands may rely on third party testing from an accredited laboratory.
*Non-Contingent Civil Penalty:
$ 1,000.00
Attorney(s) Fees and Costs:
$ 21,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 22,000.00
Will settlement be submitted to court?
Will settlement be submitted to court?: 
No
Contact Name: 
Joe Agliozzo
Contact Organization: 
Joseph D. Agliozzo, Law Corporation
Email Address:
joeags@gmail.com
Address: 
PO BOX 3582
City, State, Zip:
Manhattan Beach, CA 90266
Phone Number:
(424) 241-3614


* 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.