60 Day Notice 2021-00449

AG Number: 
2021-00449
Notice PDF: 
Date Filed: 
02/24/2021
Noticing Party: 
Sara Hammond
Plaintiff Attorney: 
Joseph D. Agliozzo, Law Corporation
Alleged Violators: 
GMA Accessories Inc. d/b/a Capelli New Yorkj
Marshalls
Chemicals: 
Di(2-ethylhexyl)phthalate (DEHP)
Source: 
GoZone Washable Gloves Storage Case SKU_128709825261301299 UPC_0191730244373

60-Day Notice Document

Settlement
AG Number:
2021-00449
Settlement PDF: 
Settlement Date:
03/15/2022
Case Name: 
Hammond v GMA ACCESSORIES INC. D/B/A CAPELLI NEW YORK
Court Name: 
None
Court Docket Number: 
Out of Court Settlement
Plaintiff: 
Sara Hammond
Plaintiff Attorney: 
Joseph D. Agliozzo, Law Corporation
Defendant: 
GMA Accessories Inc. d/b/a Capelli New Yorkj
Injunctive Relief: 
3.1. Effective on and after the Effective Date GMA shall not sell the Covered Product for distribution in California unless the product is a “Reformulated Covered Products” as defined in Paragraph 3.2 or unless GMA 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 GMA shall constitute compliance under Proposition 65 with regard to any Covered Product sold, offered for sale, imported, manufactured or otherwise distributed after the Effective Date. 3.2. For purposes of this Settlement Agreement, a “Reformulated Covered Product” is a Covered Product containing no more than 1,000 parts per million (0.1%) DEHP, butyl benzyl phthalate (BBP), di-n-butyl phthalate (DBP), di-isodecyl phthalate (DIDP), diisononyl phthalate (DINP), or di-n-hexyl phthalate (DnHP) 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, GMA may rely on third party testing from an accredited laboratory.
*Non-Contingent Civil Penalty:
$ 500.00
Attorney(s) Fees and Costs:
$ 16,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 16,500.00
Will settlement be submitted to court?
Yes
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


* 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.