60 Day Notice 2022-00668

AG Number: 
2022-00668
Notice PDF: 
Date Filed: 
04/06/2022
Noticing Party: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Alleged Violators: 
AHQ, LLC
Walmart Inc.
Wal-Mart Stores, Inc.
Chemicals: 
Diisononyl phthalate (DINP)
Source: 
Handbags

60-Day Notice Document

Corrected Settlement
AG Number:
2022-00668
Settlement PDF: 
Settlement Date:
02/29/2024
Case Name: 
Consumer Advocacy Group, Inc. v. AHQ, LLC
Court Name: 
Alameda County Superior Court
Court Docket Number: 
23CV025114
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
AHQ, LLC
Injunctive Relief: 
3.1 After the Effective Date, AHQ shall not order any Covered Products for sale into California, with any component that contains the Listed Chemical(s) in excess of 0.1% (1,000 parts per million) by weight. 3.2 For any Covered Products in existing inventory that exceeds 0.1% (1,000 parts per million) of the Listed Chemical(s) 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 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 throughthe 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. 3.3 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 stream of commerce by Defendant after the Effective Date: For Covered Products that contain DEHP: WARNING: This product can expose you to chemicals including Di(2-ethylhexyl) phthalate (DEHP), which is 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. For Covered Products that contain DINP: WARNING: This product can expose you to chemicals including Diisononyl Phthalate (“DINP”)which is known to the State of California to cause cancer.. For more information go to www.P65Warnings.ca.gov. 3.5 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:
$ 20,012.00
Attorney(s) Fees and Costs:
$ 75,000.00
Payment in Lieu of Penalty:
$ 14,988.00  (Defendant shall make a separate payment, in the amount of Fourteen Thousand Nine Hundred and Eighty-Eight Dollars ($14,988.00) 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). Defendant PFT 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:
$ 110,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Yeroushalmi Law Firm
Email Address:
admin@Yeroushalmi.com
Address: 
9100 Wilshire Blvd 240w
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
Comments: 
Corrected settlement fixes the case number and county location on caption page. No other changes made. Settlement also pertains to AG notice numbers: 2022-02027 and 2023-01682.
Settlement
AG Number:
2022-00668
Settlement PDF: 
Settlement Date:
02/29/2024
Case Name: 
Consumer Advocacy Group, Inc. v. AHQ, LLC
Court Name: 
Alameda County Superior Court
Court Docket Number: 
23CV025114
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
AHQ, LLC
Injunctive Relief: 
3.1 After the Effective Date, AHQ shall not order any Covered Products for sale into California, with any component that contains the Listed Chemical(s) in excess of 0.1% (1,000 parts per million) by weight. 3.2 For any Covered Products in existing inventory that exceeds 0.1% (1,000 parts per million) of the Listed Chemical(s) 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 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. 3.3 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 stream of commerce by Defendant after the Effective Date: For Covered Products that contain DEHP: WARNING: This product can expose you to chemicals including Di(2-ethylhexyl) phthalate (DEHP), which is 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. For Covered Products that contain DINP: WARNING: This product can expose you to chemicals including Diisononyl Phthalate (“DINP”)which is known to the State of California to cause cancer.. For more information go to www.P65Warnings.ca.gov. 3.5 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:
$ 20,012.00
Attorney(s) Fees and Costs:
$ 75,000.00
Payment in Lieu of Penalty:
$ 14,988.00  (Defendant shall make a separate payment, in the amount of Fourteen Thousand Nine Hundred and Eighty-Eight Dollars ($14,988.00) 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). Defendant PFT 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:
$ 110,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Yeroushalmi Law Firm
Email Address:
admin@Yeroushalmi.com
Address: 
9100 Wilshire Blvd 240w
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
Comments: 
Settlement also pertains to AG notice numbers: 2022-02027 and 2023-01682.


* 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.