60 Day Notice 2018-01880

AG Number: 
Notice PDF: 
Date Filed: 
Noticing Party: 
Sara Hammond
Plaintiff Attorney: 
Joseph D. Agliozzo, Law Corporation
Alleged Violators: 
Five Below, Inc.
Five Below Merchandising, Inc.
Venture Products, LLC
Di(2-ethylhexyl)phthalate (DEHP)
Series 8 Fitness – 8 lb toning ball UPC 8 74270 00325 8 Model #SA8152
Supplemental Notice to OAG 2018-01671 identifying Venture Products, LLC as the alleged supplier of the product.

60-Day Notice Document

AG Number:
Settlement PDF: 
Settlement Date:
Case Name: 
Hammond v Venture Products LLC
Court Name: 
Court Docket Number: 
Out of Court Settlement
Sara Hammond
Plaintiff Attorney: 
Joseph D. Agliozzo, Law Corporation
Venture Products, LLC
Injunctive Relief: 
3.1. Commencing on the Effective Date, Venture shall not manufacture or order from any supplier any Covered Product for sale and distribution in California unless the product meets the reformulation standard set forth in Paragraph 3.2 or unless Venture 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, Venture 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) when analyzed pursuant to Environmental Protection Agency testing methodologies 3580A and 8270C, CPSC-CH-C1001-09.3, or equivalent methodologies utilized by federal or state agencies for the purpose of determining DEHP content in a solid substance, or any other methodology utilized by federal or state agencies for the purpose of determining phthalate content in a solid substance ("Reformulation Standard"). In order to determine compliance with this reformulation standard, Venture may rely on the results of third party testing conducted by an accredited laboratory.
*Non-Contingent Civil Penalty:
$ 1,000.00
Attorney(s) Fees and Costs:
$ 22,500.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 23,500.00
Will settlement be submitted to court?
Will settlement be submitted to court?: 
Contact Name: 
Joe Agliozzo
Contact Organization: 
Joseph D. Agliozzo, Law Corporation
Email 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.