Judgment Date:
06/22/2023
Settlement reported to AG:
Case Name:
Consumer Advocacy Group, Inc v. Rom America, Inc.
Court Name:
Alameda County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Injunctive Relief:
After the Effective Date, Defendant shall not sell in California, offer for sale in California, or ship for sale in California: 3,1.1 any Dried Anchovy unless the level of Lead does not exceed 34 parts per billion (“ppb”) and the level of Cadmium does not exceed 85 ppb unless Proposition 65 compliant warnings are used as set forth in the following paragraphs. 3.1.2 any Dried Mushroom unless the level of Cadmium does not exceed 40 ppb unless Proposition 65 compliant warnings are used as set forth in the following paragraphs. 3.2 For any Covered Products that exceeds their respective levels of Listed Chemical that are placed into the stream of commerce in California after the Effective Date, Defendant must provide a Proposition 65 compliant warning for the Covered Products as set forth below. Any warning provided pursuant to this section shall be affixed to the packaging of, or directly on, the Covered Products, and 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. The warning must be set off from other surrounding information, enclosed in a box. Where the packaging of the Covered Product includes consumer information as defined by California Code of Regulations title 27 §25600.1(c) in a language other than English, the warning must also be provided in that language in addition to English. Should Defendant sell or distribute any Covered Product through the internet the warning will be posted in the manner provided for with respect to internet sales, as provided for in 27 CCR sections 25601 and 25602, as they may be subsequently amended. The Parties agree that the following warning language shall constitute compliance with Proposition 65 with respect to the alleged Listed Chemical(s) in the Covered Products placed into the steam of commerce by Defendant after the Effective Date: For Dried Anchovy: WARNING: Consuming this product can expose you to Cadmium and Lead, chemicals 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. For Dried Mushroom: WARNING: Consuming this product can expose you to Cadmium, a chemical known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to www.P65Wamings.ca.gov/food. 3.3 For any Covered Products still existing in the Defendant's inventory as of the Effective Date, Defendant shall place a Proposition 65 compliant warning on them, unless the Covered Products does not exceed their respective levels of Listed Chemical. Any warning provided pursuant to this section shall comply with the warning requirements under Section 3.2 above. 3.5 For any Covered Product where the Defendant uses a consumer product sign, label, or shelf tag to provide a warning, which includes consumer information in a language other than English, the warning must also be provided in that foreign language in addition to English. 3.6 Changes in the law and regulations applicable to Prop 65 occurring after this date shall be incorporated into the terms of this Consent Judgment.
*Non-Contingent Civil Penalty:
$ 28,600.00
Attorney(s) Fees and Costs:
$ 7,150.00
Payment in Lieu of Penalty:
$ 21,400.00 (Defendant shall make a separate payment, in the amount of Twenty One Thousand Four Hundred Dollars ($21,400) as an additional settlement payment to “Consumer Advocacy Group, Inc.” pursuant to Health & Safety Code § 25249.7(b) and California Code of Regulations, Title 11 § 3203(d). Defendant will issue a separate check to CAG for the Additional Settlement Payment. CAG will use this payment as follows, eighty percent (80%) for fees of investigation, purchasing and testing for Proposition 65 listed chemicals in various products, and for expert fees for evaluating exposures through various mediums, including but not limited to consumer product, occupational, and environmental exposures to Proposition 65 listed chemicals, and the cost of hiring consulting and retaining experts who assist with the extensive scientific analysis necessary for those files in litigation and to offset the costs of future litigation enforcing Proposition 65 but excluding attorney fees; twenty percent (20%) for administrative costs incurred during investigation and litigation to reduce the public’s exposure to Proposition 65 listed chemicals by notifying those persons and/or entities believed to be responsible for such exposures and attempting to persuade those persons and/or entities to reformulate their products or the source of exposure to completely eliminate or lower the level of Proposition 65 listed chemicals including but not limited to costs of documentation and tracking of products investigated, storage of products, website enhancement and maintenance, computer and software maintenance, investigative equipment, CAG’s member’s time for work done on investigations, office supplies, mailing supplies and postage. Within 30 days of a request from the Attorney General, CAG shall provide to the Attorney General copies of documentation demonstrating how the above funds have been spent , CAG shall be solely responsible for ensuring the proper expenditure of such additional settlement payment.)
Total Payments:
$ 57,150.00
Is Judgment Pursuant to Settlement?
Contact Organization:
Yeroushalmi & Yeroushalmi Law Firm
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
