60 Day Notice 2020-02975

AG Number: 
2020-02975
Notice PDF: 
Date Filed: 
11/06/2020
Noticing Party: 
Sara Hammond
Plaintiff Attorney: 
Joseph D. Agliozzo, Law Corporation
Alleged Violators: 
Spirit Linen Inc.
Chemicals: 
Di(2-ethylhexyl)phthalate (DEHP)
Source: 
Estate Collection reusable zip case, UPC 4 00208 12260 1; SKU 400208122601

60-Day Notice Document

Settlement
AG Number:
2020-02975
Settlement PDF: 
Settlement Date:
06/11/2021
Case Name: 
Hammond v Spirit Linen
Court Name: 
None
Court Docket Number: 
Out of Court Settlement
Plaintiff: 
Sara Hammond
Plaintiff Attorney: 
Joseph D. Agliozzo, Law Corporation
Defendant: 
Spirit Linen Inc.
Injunctive Relief: 
3.1. Effective on and after the Effective Date SPIRIT shall not sell the Covered Product for distribution in California unless the product is a “Reformulated Covered Product” as defined in Paragraph 3.2 or unless SPIRIT provides a Compliant Warning as defined in Paragraph 3.3 for any non-reformulated Covered Product that it sells in California. Compliance with this Settlement Agreement by SPIRIT shall constitute compliance under Proposition 65 with regard to Covered products sold, offered for sale, imported, manufactured or otherwise distributed after the Effective Date. 3.2. For purposes of this Settlement Agreement, “Reformulated Covered Products” are Covered Products containing no more than 1,000 parts per million (0.1%) DEHP in any accessible component (“accessible component” is defined as any component that could be touched by a person during reasonably foreseeable use). In order to determine compliance with this reformulation standard, SPIRIT may rely on third party testing from an accredited laboratory.
*Non-Contingent Civil Penalty:
$ 500.00
Attorney(s) Fees and Costs:
$ 4,500.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 5,000.00
Will settlement be submitted to court?
Will settlement be submitted to court?: 
No
Contact Name: 
Joe Agliozzo
Contact Organization: 
Joseph D. Agliozzo, Law Corporation
Email Address:
joeags@gmail.com
Address: 
1601 N. Sepulveda Boulevard, 649
City, State, Zip:
Manhattan Beach, CA 90266
Phone Number:
(424) 241-3614
Comments: 
Agreement dated May 27, 2021, but not effective until civil penalty and attorney's fees and costs reimbursement was paid, which was not until June 11, 2021. Therefore the filing and reporting of the settlement is timely as it's within 5 days of settlement effective date.


* 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.