Settlement Date:
05/04/2021
Case Name:
CAG v. Burlington Coat Factory Investments Holdings, Inc.
Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Injunctive Relief:
Defendant shall not distribute for sale in California, or manufacture for sale in California, or offer for sale in California: i) any Hamper Products that exceed more than 0.1% (1,000 parts per million) by weight of DEHP; and (ii) any Moringa Products unless the level of Lead in Moringa Products does not exceed more than 40 parts per billion (ppb) of lead unless the appropriate warning is given pursuant to Sections 3.3 and 3.4 of this Consent Judgment.
For any Hamper Products that exceed more than 0.1% (1,000 parts per million) by weight of DEHP ordered for manufacture prior to the Effective Date, or already existing in
Defendant’s inventory as of the Effective Date, Defendant may offer for sale in California by placing a Proposition 65 compliant warning on them.
For any Moringa Products that exceeds 40ppb of Lead, that are sold in California
after the Effective Date, Defendant must provide a Proposition 65 compliant warning for the Moringa Products.
*Non-Contingent Civil Penalty:
$ 23,500.00
Attorney(s) Fees and Costs:
$ 85,000.00
Payment in Lieu of Penalty:
$ 17,500.00 (One check payable to OEHHA in the amount of $17,625.00 (75%) and one check payable to CAG in the amount of $5,875.00 (25%). CAG will use the payment in lieu of the civil penalties for such projects and purposes related to environmental protection, worker health and safety, or reduction of human exposure to hazardous substances.)
Total Payments:
$ 126,000.00
Will settlement be submitted to court?
Contact Organization:
Yeroushalmi & Yeroushalmi
Address:
9100 Wilshire Blvd Ste 240W
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926