60 Day Notice 2018-01640

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2018-01640
Notice PDF: 
PDF icon 2018-01640.pdf
Date Filed: 
08/31/2018
Noticing Party: 
As You Sow
Plaintiff Attorney: 
Sylvia Wu
Alleged Violators: 
Endangered Species Chocolate
Equal Exchange, Inc.
Madecasse, LLC
Theo Chocolate, Inc.
Vosges Haut-Chocolat
Alfred Ritter GmbH & Co. KG
Chocolat Bernrain AG
Fuchs & Hoffmann GmbH
Machu Picchu Foods SAC
Maestrani Schweizer Schokoladen AG
Olam Americas, Inc.
Puratos Group NV
Schokinag-Schokolade-Industrie GmbH
Chocolat Frey AG
First Source, LLC
Fran’s Chocolates, Ltd.
Chemicals: 
Cadmium
Lead
Source: 
Dark Chocolate Bar, 88% Cacao, which is manufactured, distributed and/or sold in California by Endangered Species Chocolates [lead]
Organic & Fairly Traded Dark Chocolate Bar, Ecuador, 65% Cacao, which is manufactured, distributed and/or sold in California by Equal Exchange, Inc. [cadmium]
Dark Chocolate Bar, 80% Cacao, which is manufactured, distributed and/or sold in California by Madecasse, LLC [lead]
Dark Chocolate for Baking Bar, 85% Cacao, which is manufactured, distributed and/or sold in California by Theo Chocolate, Inc. [lead and cadmium]
Smoked Salt Super Dark Bar, 80% Cacao, which is manufactured, distributed and/or sold in California by Vosges Haut-Chocolat [lead]
Ritter Sport Fine Extra Dark Chocolate Bar, 73% Cacao, which is manufactured, distributed and/or sold in California by Alfred Ritter GmbH & Co. KG [cadmium]
Chocolat Stella Noir Extra Dark Chocolate Bar, Costa Rica, 75% Cacao, which is manufactured, distributed and/or sold in California by Chocolat Bernrain AG [cadmium]
Cocoa liquor WA/Peru, 100% Cacao, which is manufactured, distributed and/or sold in California by Fuchs & Hoffman GmbH [lead and cadmium]
Pascha Organic Dark Chocolate Chips, Bitter-Sweet, 85% Cacao, which is manufactured, distributed and/or sold in California by Machu Picchu Foods SAC [cadmium]
Schmerling’s of Switzerland Extra Dark Finest Swiss Chocolate Bar, 85% Cacao, which is manufactured, distributed and/or sold in California by Maestrani Schweizer Schokoladen AG [cadmium]
deZaan Cacao Powder, 100% Cacao, which is manufactured, distributed and/or sold in California by Olam Americas, Inc. [cadmium]
Belcolade Cocoa Butter & Natural Vanilla Noir Powder, Peru, 64.5% Cacao, which is manufactured, distributed and/or sold in California by Puratos Group NV [cadmium]
Dark Chocolate Couverture, 59% Cacao, which is manufactured, distributed and/or sold in California by Schokinag-Schokolade-Industrie GmbH [lead]
Signature Select Dark Chocolate Bar, 85% Cacao, which is manufactured, distributed and/or sold in California by Chocolat Frey AG [cadmium]
Premium Baking Unsweetened Cocoa Powder, 100% Cacao, which is manufactured, distributed and/or sold in California by First Source, LLC [lead]
Fran’s Dark Hot Chocolate Powder, Single Origin Venezuelan, 65% Cacao, which is manufactured, distributed and/or sold in California by Fran’s Chocolate Ltd. [cadmium]

60-Day Notice Document

Civil Complaint
AG Number:
2018-01640
Complaint PDF: 
PDF icon 2018-01640C8615.pdf
Date Filed:
11/03/2015
Case Name: 
As you Sow v. Trader Joes Company et. al.
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-15-548791
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Danielle Fugere
Defendant: 
Trader Joes Company, et al.
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Contact Name: 
Danielle Fugere
Contact Organization: 
As You Sow
Email Address:
dfugere@asyousow.org
Address: 
Main Post Office As You Sow PO Box 751
City, State, Zip:
Berkeley, CA 94701
Phone Number:
(415) 577-5594
Supplemental Complaint
AG Number:
2018-01640
Complaint PDF: 
PDF icon 2018-01640C8614.pdf
Date Filed:
01/25/2018
Case Name: 
As you Sow v. Trader Joes Company et. al.
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-15-548791
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Danielle Fugere
Defendant: 
Trader Joes Company, et al.
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Contact Name: 
Danielle Fugere
Contact Organization: 
As You Sow
Email Address:
dfugere@asyousow.org
Address: 
Main Post Office As You Sow PO Box 751
City, State, Zip:
Berkeley, CA 94701
Phone Number:
(415) 577-5594
Supplemental Settlement
AG Number:
2018-01640
Settlement PDF: 
PDF icon 2018-01640S3249.pdf
Settlement Date:
03/20/2024
Case Name: 
As You Sow v. Trader Joe's Company, et al.
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-15-548791
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Danielle Fugere
Defendant: 
Trader Joes Company, et al.
Injunctive Relief: 
Implementation of a project plan including the following 3 elements: 1. Implementation of specified projects following up on the expert investigation by (and at considerable additional cost to NAC and the initial settling defendants) 2. A further reduction of lead warning thresholds beyond the 2025 drop downs, and 3. An additional meet and confer process on the back end of these new requirements being implemented.   
*Non-Contingent Civil Penalty:
$ 0.00
Attorney(s) Fees and Costs:
$ 50,000.00
Payment in Lieu of Penalty:
$ 100,000.00  (Outside Attorney’s Fees & Costs)
Total Payments:
$ 150,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Danielle Fugere
Contact Organization: 
As You Sow
Email Address:
dfugere@asyousow.org
Address: 
Main Post Office As You Sow PO Box 751
City, State, Zip:
Berkeley, CA 94701
Phone Number:
(415) 577-5594
Supplemental Settlement
AG Number:
2018-01640
Settlement PDF: 
PDF icon 2018-01640S2970.pdf
Settlement Date:
01/24/2024
Case Name: 
As You Sow v. Trader Joe's Company, et al.
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-15-548791
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Danielle Fugere
Defendant: 
Trader Joes Company, et al.
Injunctive Relief: 
Implementation of a project plan including the following 3 elements: 1. Implementation of specified projects following up on the expert investigation by (and at considerable additional cost to NAC and the initial settling defendants) 2. A further reduction of lead warning thresholds beyond the 2025 drop downs, and 3. An additional meet and confer process on the back end of these new requirements being implemented.   
*Non-Contingent Civil Penalty:
$ 0.00
Attorney(s) Fees and Costs:
$ 50,000.00
Payment in Lieu of Penalty:
$ 100,000.00  (Outside Attorney’s Fees & Costs)
Total Payments:
$ 150,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Danielle Fugere
Contact Organization: 
As You Sow
Email Address:
dfugere@asyousow.org
Address: 
Main Post Office As You Sow PO Box 751
City, State, Zip:
Berkeley, CA 94701
Phone Number:
(415) 577-5594

* 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.