Judgment Date:
08/23/2022
Settlement reported to AG:
Case Name:
Consumer Advocacy Group, Inc. v. Gaju Market Corporation DBA
Court Name:
Los Angeles County Superior Court
Plaintiff:
CONSUMER ADVOCACY GROUP, INC.
Defendant:
GAJU MARKET CORPORATION DBA CALIFORNIA MARKET, a California Corporation
Injunctive Relief:
After the Effective Date, Defendant shall not sell, offer for sale, or order for sale 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. For any Covered Products whose DEHP content exceeds .1% still existing in Defendant inventory as of the Effective Date, Defendant shall place a clear and reasonable warning Proposition 65 compliant warning on them, consistent with 27 CCR section 25600 et seq. In consideration of the fact that Defendants have agreed to only order for manufacture reformulated Covered products, parties agree to the following language for Covered Products in; existing inventory that contain more than 0.1% DEHP by weight.
*Non-Contingent Civil Penalty:
$ 7,440.00
Attorney(s) Fees and Costs:
$ 52,000.00
Payment in Lieu of Penalty:
$ 5,560.00 (CAG will use this portion of the Total Settlement Payment as follows, eighty five 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; (fifteen percent (20%) 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 or the source of exposure to completely eliminate or lower the level of the Proposition 65 Listed Chemical 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:
$ 65,000.00
Is Judgment Pursuant to Settlement?
Contact Organization:
Yeroushalmi & Yeroushalmi
Address:
9100 Wilshire Boulevard., Suite #240W
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1956
Fax Number:
(310) 623-1930
