60 Day Notice 2018-02059

AG Number: 
2018-02059
Notice PDF: 
Date Filed: 
11/13/2018
Noticing Party: 
Sara Hammond
Plaintiff Attorney: 
Joseph D. Agliozzo, Law Corporation
Alleged Violators: 
B.R.E. Industries, Inc.
Ross Stores d/b/a DD's Discounts
Chemicals: 
Di(2-ethylhexyl)phthalate (DEHP)
Source: 
iMoshion Clear PVC Bag "Style: 66-0005"; SKU # 400185824703

60-Day Notice Document

Settlement
AG Number:
2018-02059
Settlement PDF: 
Settlement Date:
04/02/2019
Case Name: 
Hammond v. B.R.E. Industries, Inc.
Court Name: 
None
Court Docket Number: 
Out of Court Settlement
Plaintiff: 
Sara Hammond
Plaintiff Attorney: 
Joseph D. Agliozzo, Law Corporation
Defendant: 
B.R.E Industries, Inc.
Injunctive Relief: 
3.1. Effective on and after the Effective Date BRE 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 BRE 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, BRE 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, BRE may rely on third party testing from an accredited laboratory.
*Non-Contingent Civil Penalty:
$ 1,000.00
Attorney(s) Fees and Costs:
$ 23,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 24,000.00
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.