60 Day Notice 2021-02175

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2021-02175
Notice PDF: 
PDF icon 2021-02175.pdf
Date Filed: 
09/01/2021
Noticing Party: 
Sara Hammond
Plaintiff Attorney: 
Joseph D. Agliozzo, Law Corporation
Alleged Violators: 
Danielle Creations and Upper Canada Soap & Candle Makers Corporation;
Chemicals: 
Di(2-ethylhexyl)phthalate (DEHP)
Source: 
Bath Blitz reusable case SKU_400217741589000499 UPC_0064323189668

60-Day Notice Document

Settlement
AG Number:
2021-02175
Settlement PDF: 
PDF icon 2021-02175S0314.pdf
Settlement Date:
03/08/2022
Case Name: 
Hammond v. UPPER CANADA SOAP & CANDLE MAKERS CORPORATION
Court Name: 
Alameda County Superior Court
Court Docket Number: 
22CV007911
Plaintiff: 
Sara Hammond
Plaintiff Attorney: 
Joseph D. Agliozzo, Law Corporation
Defendant: 
UPPER CANADA SOAP & CANDLE MAKERS CORPORATION
Injunctive Relief: 
4.1. After the Effective Date, Defendant shall not sell, distribute, or ship into California any Covered Products unless the Covered Products: (1) meets the reformulation requirements in section 4.2 or (2) are labeled with a Proposition 65 warning as described in Sections 4.3-4.4 below. Compliance with Section 4.1 will constitute compliance by Defendant with all requirements of Proposition 65 relating to DEHP exposure in the Covered Products. 4.2. Reformulation Requirements After the Effective Date, Covered Products must contain no more than 1,000 parts per million (0.1%) in DEHP. In order to determine compliance with this reformulation standard, Defendant may rely on third party testing from an accredited laboratory. 4.3. Warning Option Should Defendant elect to provide a warning, the Covered Products shall be accompanied by a warning as described in Section 4.4, below. No Proposition 65 warning shall be required as to any Covered Products that are already in the stream of commerce as of the Effective Date.
*Non-Contingent Civil Penalty:
$ 1,000.00
Attorney(s) Fees and Costs:
$ 28,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 29,000.00
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
Comments: 
The defendant preferred not to execute a separate settlement agreement, but instead a proposed consent judgment that will also be submitted for judicial approval. Plaintiff's counsel will submit the document again when the court approves the consent judgment.

* 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.