60 Day Notice 2019-01726

AG Number: 
2019-01726
Notice PDF: 
Date Filed: 
09/06/2019
Noticing Party: 
Consumer Advocacy Group, Inc.
Alleged Violators: 
Rio Brands
Rio Brands, Inc.
Rio Beach
Rio Brands, Inc. AKA All-Luminum Products, Inc.
All-Luminum Products, Inc.
Dick's Sporting Goods
Dick's Sporting Goods, Inc.
Dick's Sporting Good
Chemicals: 
Di(2-ethylhexyl)phthalate (DEHP)
Source: 
Personal Shade with Plastic Components

60-Day Notice Document

Civil Complaint
AG Number:
2019-01726
Complaint PDF: 
Date Filed:
03/11/2020
Case Name: 
CAG v. Dick's Sporting Goods
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG20058234
Plaintiff: 
Consumer Advocacy Group
Plaintiff Attorney: 
Yeroushalmi & Yeroushalmi
Defendant: 
Dick's Sporting Good
Dick's Sporting Goods, Inc.
Dick's Sporting Goods
All-Luminum Products, Inc.
Rio Brands, Inc. AKA All-Luminum Products, Inc.
Rio Beach
Rio Brands, Inc.
Rio Brands
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Yeroushalmi
Email Address:
Address: 
9100 Wilshire Boulevard Suite 240W
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
Settlement
AG Number:
2019-01726
Settlement PDF: 
Settlement Date:
05/25/2021
Case Name: 
CONSUMER ADVOCACY GROUP, INC v DICK'S SPORTING GOODS, INC. e
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG20058234
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
Shelterlogic Corp.
Rio Brands, Inc. DBA All-Luminium Products, Inc.
Injunctive Relief: 
Defendant shall not directly sell, offer for sale, or ship for sale in California any Covered Products unless the level of DEHP in the Covered Products does not exceed more than 0.1% (1,000 parts per million) by weight unless the Covered Products are in existing inventory as of the Effective Date and sold with a warning pursuant to Section 3.2. For any Covered Products still existing in Defendant's inventory as of the Effective Date that do not meet the reformulation levels in Section 3.1 and that are sold in California, Defendant shall place a Proposition 65 compliant warning on them.
*Non-Contingent Civil Penalty:
$ 34,300.00
Attorney(s) Fees and Costs:
$ 90,000.00
Payment in Lieu of Penalty:
$ 25,700.00  (One check payable to OEHHA in the amount of $25,725 (75%) and one check payable to CAG in the amount of $8,575 (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:
$ 150,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Yeroushalmi
Email Address:
admin@yeroushalmi.com
Address: 
9100 Wilshire Blvd., Ste 240 W
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
Judgment
AG Number:
2019-01726
Judgment PDF: 
Judgment Date:
08/11/2021
Settlement reported to AG: 
Tue, 05/25/2021
Case Name: 
CAG v. Dick's Sporting Goods, Inc., et al.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG20058234
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
Shelterlogic Corp
Rio Brands, LLC
Injunctive Relief: 
Defendant shall not directly sell, offer for sale, or ship for sale in California any Covered Products unless the level of DEHP in the Covered Products does not exceed more than 0.1% (1,000 parts per million) by weight unless the Covered Products are in existing inventory as of the Effective Date and sold with a warning pursuant to Section 3.2. For any Covered Products still existing in Defendant's inventory as of the Effective Date that do not meet the reformulation levels in Section 3.1 and that are sold in California, Defendant shall place a Proposition 65 compliant warning on them.
*Non-Contingent Civil Penalty:
$ 34,300.00
Attorney(s) Fees and Costs:
$ 90,000.00
Payment in Lieu of Penalty:
$ 25,700.00  (CAG will use this portion of the Total Settlement Payment as follows, eighty five percent (85%) for fees of investigation, purchasing and testing for the Proposition 65 Listed Chemical in various products, and for expert fees for evaluating exposures through various mediums, including but not limited to consumer product, occupational, and environmental exposures to the Proposition 65 Listed Chemical, and the cost of hiring consulting and retaining experts who assist with the extensive scientific analysis necessaiy for those files in litigation and to offset the costs of future litigation enforcing Proposition 65 but excluding attorney fees. Fifteen percent (15%) for administrative costs incurred during investigation and litigation to reduce the public’s exposure to the Proposition 65 Listed Chemical by notifying those persons and/or entities believed to be responsible for such exposures and attempting to persuade those persons and/or entities to reformulate their products.)
Total Payments:
$ 150,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Consumer Advocacy Group, Inc.
Email Address:
admin@yeroushalmi.com
Address: 
9100 Wilshire Boulevard, Suite 240W
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
Fax Number:
(310) 623-1930


* 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.