Settlement Date:
08/18/2023
Plaintiff Attorney:
Joseph D. Agliozzo, Law Corporation
Injunctive Relief:
3.1. Commencing ninety (90) days from the Effective Date (“Compliance Date”) 2MODA shall not sell the Covered Product for distribution in California unless the product is a “Reformulated Covered Product” as defined in Paragraph 3.2 or unless 2MODA 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 2MODA 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%) DINP 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, 2MODA may rely on third party testing from an accredited laboratory.
*Non-Contingent Civil Penalty:
$ 500.00
Attorney(s) Fees and Costs:
$ 12,500.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 13,000.00
Will settlement be submitted to court?
Contact Organization:
Joseph D. Agliozzo, Law Corporation
Address:
1601 N. Sepulveda Boulevard, 649
City, State, Zip:
Manhattan Beach, CA 90266
Phone Number:
(424) 241-3614
