60 Day Notice 2021-01049

AG Number: 
2021-01049
Notice PDF: 
Date Filed: 
05/11/2021
Noticing Party: 
Chemical Toxin Working Group, Inc.
Plaintiff Attorney: 
Aida Poulsen
Alleged Violators: 
Patagonia, Inc. Patagonia Works, Patagonia Provisions, Inc.
Chemicals: 
Lead
Source: 
Patagonia Provisions Savory Sofritos Mussels in Olive Oil + Broth, 120 grams
Patagonia Provisions Lemon Herb Mussels in Olive Oil + Broth, 120 grams
Patagonia Provisions Smoked Mussels in Olive Oil + Broth, 120 grams

60-Day Notice Document

Settlement
AG Number:
2021-01049
Settlement PDF: 
Settlement Date:
08/12/2021
Case Name: 
Chemical Toxin Working Group Inc. v. Patagonia
Court Name: 
Out-of-Court Settlement
Court Docket Number: 
None
Plaintiff: 
Chemical Toxin Working Group Inc.
Plaintiff Attorney: 
Poulsen Law P.C.
Defendant: 
Patagonia, Inc.
Patagonia Works
Patagonia Provisions, Inc.
Amazon.com, Inc.
Recreation Equipment, Inc.
Injunctive Relief: 
Any Covered Products that Patagonia sells to consumers in California after the Compliance Date, or Distributes into the State of California after the Compliance Date, shall either (1) qualify as Reformulated Covered Products under Section 2.3 or (2) comply with the warning requirements of Section 2.2. 2.2 Warnings 2.2.1. The term “WARNING” shall be in bold and capitalized. 2.2.2. If the short-form warning is used under Section 2.2.4 Option 2, a pictogram with a yellow equilateral triangle outlined in bold black with a black exclamation point in the center must be placed to the left of the word “WARNING”. The size of the pictogram cannot be smaller than the word “WARNING”. The warning symbol should be downloaded from this website: https://www.p65warnings.ca.gov/warning-symbol DocuSign Envelope ID: 9D956959-22D9-4A4E-8C87-BAFB38E0C27C 2 2.2.3. For the internet/online sales, the warning on the internet page, or a hyperlink in bold capitalization stating “WARNING” which links to the warning statement, must be prominently displayed on either the product page, or at the checkout page, or both, to purchasers with a California shipping address, prior to purchase. Option 2 of the warning statement in Section 2.2.4 cannot be used for internet warnings unless Patagonia includes such warning on the label or packaging of the Covered Product. 2.2.4 Warning statement If Patagonia provides warnings under Section 2.2, Patagonia shall provide one of the following warning statements: A) Option 1, Regular Warning: WARNING: Consuming this product can expose you to [chemicals including] lead, which is known to the State of California to cause [cancer and] birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov/food. B) Option 2, Short-Form Warning: The font size of this short-form warning must be a minimum of 6 points, and it cannot be smaller than the largest size font used for other consumer information (as defined in 27 Cal. Code Regs. § 25600.1(c)) included on the label. Except as provided in Section 2.2.3, the Short Form Warning is limited only to a warning on the label or packaging of the Covered Product and cannot be used on signs or other types of warnings. WARNING: [Cancer and ] Reproductive Harm – www.P65Warnings.ca.gov/food The bracketed terms may be provided at Patagonia’s option if the Covered Product is compliant with Proposition 65 for the bracketed indication. 2.2.5 Physical store sales. The warning statement shall be prominently displayed for the Covered Product (1) on the packaging of the Covered Product, or (2) on a placard, shelf tag, or sign, provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the warning statement is displayed on the Covered Product’s packaging, it must be set off from other surrounding information and enclosed in a text box, and it must displayed in text that is no smaller than six point in size. If the warning statement is displayed on a placard, shelf tag, or sign where the Covered Product is offered for sale in a physical store, the warning placard or sign must enable an ordinary individual to determine which Covered Products the warning applies to. Patagonia bears responsibility under this Agreement for third parties who operate retail locations in regards to all claims arising out of lack or inadequacy of warnings for Covered Products by such placards, shelf tags or signs, and nothing in this provision affects or limits HLF’s ability to enforce the Agreement as to Patagonia in the event of any such alleged non-compliance. 2.3. Reformulated Covered Products; Testing 2.3.1 A “Reformulated Covered Product” is one that does not exceed 110 parts per billion (“ppb”) of lead, as determined by this Section 2.3. For purposes of determining if a warning is required pursuant to Section 2.3, the average lead concentration of six (6) samples of the Covered Product randomly selected from different lot numbers by Patagonia (or from as many lots as are available for testing if there are fewer than six). HLF reserves the right to test reformulated products and, if it believes there is a violation of Section 2.3, assert any new claims that may arise, subject to the provisions of Section 5.
*Non-Contingent Civil Penalty:
$ 36,000.00
Attorney(s) Fees and Costs:
$ 144,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 180,000.00
Will settlement be submitted to court?
Will settlement be submitted to court?: 
No
Contact Name: 
Aida Poulsen
Contact Organization: 
Poulsen Law P.C.
Email Address:
ap@poulsenlaw.org
Address: 
282 11th Avenue, Suite 2612
City, State, Zip:
New York, NY 10001
Phone Number:
646-776-5999


* 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.