60 Day Notice 2021-02235

AG Number: 
2021-02235
Notice PDF: 
Date Filed: 
09/08/2021
Noticing Party: 
Sara Hammond
Plaintiff Attorney: 
Joseph D. Agliozzo, Law Corporation
Alleged Violators: 
General Discount Store
Capsule - Vendor of product
Chemicals: 
Di(2-ethylhexyl)phthalate (DEHP)
Source: 
Capsule clear backpack UPC 0795229114026

60-Day Notice Document

Settlement
AG Number:
2021-02235
Settlement PDF: 
Settlement Date:
11/29/2021
Case Name: 
Hammond v BTG S Corp dba Four Seasons General Discount
Court Name: 
Out of Court Settlement
Court Docket Number: 
None
Plaintiff: 
Sara Hammond
Plaintiff Attorney: 
Joseph D. Agliozzo Law Corporation
Defendant: 
BTG S Corp dba Four Seasons General Merchandise
Injunctive Relief: 
3.1. Effective on and after the Effective Date BTG shall not sell the Covered Products for distribution in California unless the products are “Reformulated Covered Products” as defined in Paragraph 3.2 or unless BTG 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 BTG 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, BTG may rely on third party testing from an accredited laboratory.
*Non-Contingent Civil Penalty:
$ 1,000.00
Attorney(s) Fees and Costs:
$ 24,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 25,000.00
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, No. 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.