60 Day Notice 2021-01710

AG Number: 
2021-01710
Notice PDF: 
Date Filed: 
07/14/2021
Noticing Party: 
Calsafe Research Center, Inc.
Plaintiff Attorney: 
Manning Law, APC.
Alleged Violators: 
Costadel Sol Enterprises
Chemicals: 
Acrylamide
Source: 
Costa del Sol Enterprises, Diana Crunchy Cornbits, Lime Flavored Fried Corn Kernels

60-Day Notice Document

Corrected Settlement
AG Number:
2021-01710
Settlement PDF: 
Settlement Date:
01/06/2022
Case Name: 
CalSafe Research Center, Inc. v Costadel Sol Enterprises
Court Name: 
na
Court Docket Number: 
na
Plaintiff: 
CalSafe Research Center, Inc.
Plaintiff Attorney: 
Manning Law, APC
Defendant: 
Costadel Sol Enterprises
Injunctive Relief: 
Acrylamide Reduction Target Level and Compliance Date. Beginning on the Effective Date, CSE shall either (a) reformulate the Product to achieve a “Daily Acrylamide Exposure Level” no greater than 0.2 micrograms per day (for purposes of this Settlement Agreement, “Daily Acrylamide Exposure Level” shall be measured in micrograms and shall be calculated using the following formula: micrograms of acrylamide per gram of Product, multiplied by grams of product per serving of the Product with an assumed consumption rate of 5.3 grams of product per day; a Daily Acrylamide Exposure Level no greater than 0.2 micrograms is hereinafter referred to as the “Target Level”), or (b) comply with the provisions of Paragraphs 2.2 and 2.3 below. If CSE does not achieve the Target Level for Acrylamide by the Effective Date, CSE agrees to only manufacture, sell, import or distribute for sale in California (in person or online) the Product that is sold with a warning as provided for in this Paragraph and Paragraph 2.3. For Product that does not achieve the Target Level for Acrylamide, as set out in paragraph 2.1 above, and which is manufactured and packaged for distribution for authorized sale or use in California, CSE shall provide clear and reasonable warnings as set forth in Proposition 65 and related Regulations. CSE agrees that each warning shall 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. Each warning shall be provided in a manner such that the consumer or user understands to which specific Product the warning applies, to minimize the risk of consumer confusion. (i) Changes in Warning Regulations or Statutes In the event that a court order or ruling by a California federal or state court, or the Office of Environmental Health Hazard Assessment (or another authorized agency) provides or promulgates one or more regulations requiring or permitting warning text and/or methods of transmission different than as provided under Proposition 65 or its Regulations, or legislation is enacted in or for California, CSE shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being in breach of this Agreement. If a court or regulations or legislation are enacted which provide that warnings as to Acrylamide in the Product are no longer required, a lack of warning by CSE shall not thereafter be a breach of this Agreement. If a California court approves a Proposition 65 settlement or consent judgment concerning Acrylamide for one or more of CSE competitors or ant release that provides for materially less onerous compliance measures, then CSE shall be entitled to forthwith replace the more onerous compliance measures set our herein with those less onerous measures.
*Non-Contingent Civil Penalty:
$ 1,800.00
Attorney(s) Fees and Costs:
$ 38,400.00
Payment in Lieu of Penalty:
$ 7,800.00  (Civil penalty OEHHA - $5400 Cost reimbursement CRC - $2400 )
Total Payments:
$ 48,000.00
Will settlement be submitted to court?
Will settlement be submitted to court?: 
Yes
Contact Name: 
Joseph R. Manning, Jr.
Contact Organization: 
Manning Law, APC
Email Address:
p65@manninglawoffice.com
Address: 
20062 S.W. Birch St. Suite 200
City, State, Zip:
Newport Beach, CA 92660
Phone Number:
(949) 200-8755
Fax Number:
(866) 843-8308
Settlement
AG Number:
2021-01710
Settlement PDF: 
Settlement Date:
12/14/2021
Case Name: 
CalSafe Research Center, Inc. v Costadel Sol Enterprises
Court Name: 
na
Court Docket Number: 
na
Plaintiff: 
CalSafe Research Center, Inc.
Plaintiff Attorney: 
Manning Law, APC
Defendant: 
Costadel Sol Enterprises
Injunctive Relief: 
Acrylamide Reduction Target Level and Compliance Date. Beginning on the Effective Date, CSE shall either (a) reformulate the Product to achieve a “Daily Acrylamide Exposure Level” no greater than 0.2 micrograms per day (for purposes of this Settlement Agreement, “Daily Acrylamide Exposure Level” shall be measured in micrograms and shall be calculated using the following formula: micrograms of acrylamide per gram of Product, multiplied by grams of product per serving of the Product with an assumed consumption rate of 5.3 grams of product per day; a Daily Acrylamide Exposure Level no greater than 0.2 micrograms is hereinafter referred to as the “Target Level”), or (b) comply with the provisions of Paragraphs 2.2 and 2.3 below. If CSE does not achieve the Target Level for Acrylamide by the Effective Date, CSE agrees to only manufacture, sell, import or distribute for sale in California (in person or online) the Product that is sold with a warning as provided for in this Paragraph and Paragraph 2.3. For Product that does not achieve the Target Level for Acrylamide, as set out in paragraph 2.1 above, and which is manufactured and packaged for distribution for authorized sale or use in California, CSE shall provide clear and reasonable warnings as set forth in Proposition 65 and related Regulations. CSE agrees that each warning shall 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. Each warning shall be provided in a manner such that the consumer or user understands to which specific Product the warning applies, to minimize the risk of consumer confusion. (i) Changes in Warning Regulations or Statutes In the event that a court order or ruling by a California federal or state court, or the Office of Environmental Health Hazard Assessment (or another authorized agency) provides or promulgates one or more regulations requiring or permitting warning text and/or methods of transmission different than as provided under Proposition 65 or its Regulations, or legislation is enacted in or for California, CSE shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being in breach of this Agreement. If a court or regulations or legislation are enacted which provide that warnings as to Acrylamide in the Product are no longer required, a lack of warning by CSE shall not thereafter be a breach of this Agreement. If a California court approves a Proposition 65 settlement or consent judgment concerning Acrylamide for one or more of CSE competitors or ant release that provides for materially less onerous compliance measures, then CSE shall be entitled to forthwith replace the more onerous compliance measures set our herein with those less onerous measures.
*Non-Contingent Civil Penalty:
$ 1,800.00
Attorney(s) Fees and Costs:
$ 38,400.00
Payment in Lieu of Penalty:
$ 7,800.00  (Civil penalty OEHHA - $5400 Cost reimbursement CRC - $2400 )
Total Payments:
$ 48,000.00
Will settlement be submitted to court?
Will settlement be submitted to court?: 
No
Contact Name: 
Joseph Richard Manning
Contact Organization: 
Manning Law, APC
Email Address:
p65@manninglawoffice.com
Address: 
20062 SW Birch St, Ste 200
City, State, Zip:
Newport Beach, CA 92660
Phone Number:
(949) 200-8755
Fax Number:
866-843-8308


* 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.