60 Day Notice 2019-00831

AG Number: 
Notice PDF: 
Date Filed: 
Noticing Party: 
Sara Hammond
Plaintiff Attorney: 
Joseph D. Agliozzo, Law Corporation
Alleged Violators: 
Gina Group LLC
Ross Stores
Di(2-ethylhexyl)phthalate (DEHP)
Chatties Translucent Waistpack UPC 8 18361 02677 1 SKU 400192276199

60-Day Notice Document

AG Number:
Settlement PDF: 
Settlement Date:
Case Name: 
Hammond v Gina Group and Gina Concepts
Court Name: 
Court Docket Number: 
Out of Court Settlement
Sara Hammond
Plaintiff Attorney: 
Joseph D. Agliozzo, Law Corporation
Gina Group LLC
Gina Concepts LLC
Injunctive Relief: 
3.1 3.1. Effective on and after the Effective Date, GINA shall not sell the Covered Product, or any other translucent PVC waist/fanny packs, for distribution in California unless the product is a “Reformulated Covered Product” as defined in Paragraph 3.2 or unless GINA provides a Compliant Warning as defined in Paragraph 3.3 for any non-reformulated Covered Product that it sells in California. Compliance with this Settlement Agreement by GINA shall constitute compliance under Proposition 65 with regard to Covered products sold, offered for sale, imported, manufactured or otherwise distributed after the Effective Date. 3.2 For purposes of this Settlement Agreement, “Reformulated Covered Products” are translucent PVC waist/fanny packs containing no more than 1,000 parts per million (0.1%) of DEHP, BBP (or Butyl benzyl phthalate), DBP (or Di-n-butyl phthalate), DIDP (or Di-isodecyl phthalate), DINP (or Diisononyl phthalate), or DnHP (or Di-n-hexyl phthalate) 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, GINA may rely on third party testing from an accredited laboratory.
*Non-Contingent Civil Penalty:
$ 1,000.00
Attorney(s) Fees and Costs:
$ 23,500.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 24,500.00
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:
1601 N. Sepulveda Boulevard, #649
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.