Judgment Date:
04/12/2024
Settlement reported to AG:
Case Name:
Consumer Advocacy Group, Inc. v. AHQ, LLC
Court Name:
Alameda County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
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
Is Judgment Pursuant to Settlement?
Contact Organization:
Yeroushalmi & Yeroushalmi Law Firm
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
