60 Day Notice 2019-01766

AG Number: 
Notice PDF: 
Date Filed: 
Noticing Party: 
Consumer Advocacy Group, Inc.
Alleged Violators: 
dd's Discounts
Ross Dress For Less, Inc.
Ross Stores, Inc. dba dd's Discounts
Di(2-ethylhexyl)phthalate (DEHP)
Handbag with Plastic Components

60-Day Notice Document

AG Number:
Settlement PDF: 
Settlement Date:
Case Name: 
Consumer Advocacy Group, Inc. v. Ross Stores, Inc.
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Ross Stores, Inc.
Injunctive Relief: 
3.1 After the Effective Date, Ross shall not order any Covered Products for sale into California, with any component that contains the Listed Chemical(s) in excess of 0.1% (1,000 parts per million) by weight. 3.2 Any Covered Products that Ross sells, distributes, or ships into California after the Effective Date that were ordered prior to the Effective Date, must contain a clear and reasonable warning, consistent with 27 CCR section 25600 et seq., unless it contains no more than 0.1% by weight (1,000 ppm) of the Listed Chemical(s). Covered Products that were ordered prior to the Effective Date and contain DEHP above 0.1% by weight shall contain Proposition 65 warnings for cancer and reproductive toxicity. Covered Products that were ordered prior to the Effective Date and contain DINP above 0.1% by weight shall contain Proposition 65 warnings for cancer. Covered Products that were ordered prior to the Effective Date and contain DBP above 0.1% by weight shall contain Proposition 65 warnings for reproductive toxicity. Any warnings provided pursuant to this Section 3.2 shall be affixed to the packaging of, or directly on, or attached to the Covered Products, and be prominently placed with such conspicuousness as compared with other words, statements, designs, or devices as to render it likely to be read and understood by an ordinary individual under customary conditions before purchase or use. Where the packaging of the Covered Product in existing inventory includes consumer information as defined by California Code of Regulations title 27 §25600.1(c) in a language other than English, the warning must also be provided in that language in addition to English. Should Defendant sell or distribute any Covered Product in existing inventory through the internet, the warning will be posted in the manner provided for with respect to internet sales, as provided for in 27 CCR sections 25601 and 25602, as they may be subsequently amended. 3.3 Covered Products already distributed to Downstream Releasees prior to the Effective Date may continue to be sold through as is.
*Non-Contingent Civil Penalty:
$ 10,300.00
Attorney(s) Fees and Costs:
$ 72,000.00
Payment in Lieu of Penalty:
$ 7,700.00  (Ross shall issue one check for seven thousand seven hundred dollars ($7,700.00) to “Consumer Advocacy Group, Inc.” pursuant to Health & Safety Code § 25249.7(b) and California Code of Regulations, Title 11 § 3203(d). CAG will use this portion of the Total Settlement Payment as follows, eighty percent (80%) 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 necessary for those files in litigation and to offset the costs of future litigation enforcing Proposition 65 but excluding attorney fees; twenty percent (20%) for administrative costs incurred during investigation and litigation to reduce the public’s exposure to the Proposition 65 Listed Chemicals 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 or the source of exposure to completely eliminate or lower the level of the Proposition 65 Listed Chemicals including but not limited to costs of documentation and tracking of products investigated, storage of products, website enhancement and maintenance, computer and software maintenance, investigative equipment, CAG’s member’s time for work done on investigations, office supplies, mailing supplies and postage Within 30 days of a request from the Attorney General, CAG shall provide to the Attorney General copies of documentation demonstrating how the above funds have been spent. CAG shall be solely responsible for ensuring the proper expenditure of such additional settlement payment.)
Total Payments:
$ 90,000.00
Will settlement be submitted to court?
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Yeroushalmi Law Firm
Email Address:
9100 Wilshire Blvd 240w
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
Settlement also pertains to AG notice numbers: 2019-01552, 2018-01614, 2019-00664, 2018-01555, 2018-01654, 2019-00671, 2019-01548, 2020-00532, 2020-02258, 2019-01925, 2019-01958, 2019-02086, 2019-02281, 2019-01766, 2019-01765, 2019-02150, 2019-02246, and 2019-02160.

* 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.