60 Day Notice 2021-03157

AG Number: 
2021-03157
Notice PDF: 
Date Filed: 
12/23/2021
Noticing Party: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Alleged Violators: 
Interdesign, Inc.
Bed Bath & Beyond, Inc.
Chemicals: 
Di(2-ethylhexyl)phthalate (DEHP)
Source: 
Fridge Freezer Labels

60-Day Notice Document

Civil Complaint
AG Number:
2021-03157
Complaint PDF: 
Date Filed:
04/03/2023
Case Name: 
Consumer Advocacy Group, Inc. v. InterDesign, Inc.
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
23STCV07146
Plaintiff: 
Consumer Advocacy Group, Inc.
Defendant: 
InterDesign Inc.
Bed Bath & Beyond Inc.
Bed Bath & Beyond of California LLC
Type of Claim: 
Failure to Warn
toxic-tort
Relief Sought: 
Warning
Civil Penalty
Injunction
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Yerousalmi
Email Address:
Address: 
9100 Wilshire Boulevard Suite 240 W
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 323-1926
Comments: 
AG 2022-02916
Settlement
AG Number:
2021-03157
Settlement PDF: 
Settlement Date:
03/26/2026
Case Name: 
CONSUMER ADVOCACY GROUP, INC., V. INTERDESIGN, INC.
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
23STCV07146
Plaintiff: 
CONSUMER ADVOCACY GROUP, INC.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
INTERDESIGN, INC.
Injunctive Relief: 
After the Effective Date, Settling Defendant shall not sell in California, offer for sale in California, or ship for sale in California any Covered Products unless the level of DEHP does not exceed 0.1%(1,000 parts per million) by weight (“reformulation level”). For any Covered Products that exceed the reformulation level of Listed Chemicals that are manufactured for distribution and/or sale into California prior to the Effective Date, Defendant must provide a Proposition 65 compliant warning for the Covered Products as permitted by Proposition 65 and its implementing regulations or 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 Products in existing inventory 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 s in existing inventory 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.
*Non-Contingent Civil Penalty:
$ 57,160.00
Attorney(s) Fees and Costs:
$ 420,000.00
Payment in Lieu of Penalty:
$ 42,840.00  (Settling Defendant shall make a separate payment, in the amount of forty-two thousand eight hundred forty dollars ($42,840.00) 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). Settling Defendant will issue a separate check to CAG for the Additional Settlement Payment. CAG will use this payment as follows, seventy-five percent (75%) 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-five percent (25%) 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 or Settling Defendant, 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:
$ 520,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Yeroushalmi
Email Address:
admin@yeroushalmi.com
Address: 
9100 Wilshire Blvd, Suite 240W
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
Comments: 
This settlement also concerns AG Notice Number 2022-02915.


* 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.