Case Name:
Consumer Advocacy Group, Inc. v. Mojave Foods Corporation
Court Name:
Los Angeles County Superior Court
Court Docket Number:
19STCV39211 [Consol. 20STCV23202]
Plaintiff:
Consumer Advocacy Group, Inc.
Injunctive Relief:
3.1 Beginning three months after the Effective Date, Defendant Mojave Foods Corporation shall not sell in California, offer for sale in California, or ship for sale in California (collectively, “Sell in California”) any Covered Products without a warning pursuant to section 3.2. 3.2 If Defendant Mojave Foods Corporation proceeds to Sell in California any Covered Products during the period beginning three months after the Effective Date, Defendant must provide a Proposition 65 compliant warning for the Covered Products with respect to such sales in California. The language of the warnings and method for providing any warnings for the Covered Products shall comply with Title 27, California Code of Regulations, § 25600, et seq. and Title 27, California Code of Regulations, § 25607.2, et seq. The warnings shall be provided for cancer and reproductive toxicity. Any warning provided pursuant to this section shall be affixed to the packaging of, or directly on, 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. The warning must be set off from other surrounding information, enclosed in a box. Where the packaging of the Covered Products or a sign referring to the Covered Products 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 Products 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, for sales to consumers in California. 3.4 Changes in the law and regulations applicable to Proposition 65, including changes resulting from federal and/or state court rulings, occurring after this date may be incorporated into the terms of this Consent Judgment, pursuant to the modification provisions set forth in Section 7.
Payment in Lieu of Penalty:
$ 53,560.00 (Defendant shall make a separate payment, in the amount of fifty-three thousand five hundred and sixty dollars ($53,560.00) as an additional settlement payment to “Consumer Advocacy Group, Inc.” pursuant to Health & Safety Code § 25249.7(b) and California Code of Regulations, Title 1 1 § 3203(d). Defendant will issue a separate check to CAG for the Additional Settlement Payment. CAG will use this payment as follows, eighty percent (80%) for fees of investigation, purchasing, storage, and testing for Proposition 65 listed chemicals 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 Proposition 65 listed chemicals, 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.)
Address:
9100 Wilshire Blvd., Suite 240W
