60 Day Notice 2022-02126

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2022-02126
Notice PDF: 
PDF icon 2022-02126.pdf
Date Filed: 
09/09/2022
Noticing Party: 
Chemical Toxin Working Group Inc.
Plaintiff Attorney: 
Poulsen Law P.C.
Alleged Violators: 
Blue Chip Group, LLC dba Augason Farms
Blue Chip Group, Inc.
Amazon.com, Inc.
Amazon.com Services LLC
Chemicals: 
Cadmium
Lead and lead compounds
Source: 
Spinach Flakes

60-Day Notice Document

Settlement
AG Number:
2022-02126
Settlement PDF: 
PDF icon 2022-02126S1482.pdf
Settlement Date:
03/23/2023
Case Name: 
Chemical Toxin Working Group Inc. v. Blue Chip Group, LLC
Court Name: 
Out of court settlement
Court Docket Number: 
000
Plaintiff: 
Chemical Toxin Working Group Inc. dba Healthy Living Foundation
Plaintiff Attorney: 
Poulsen Law P.C.
Defendant: 
Blue Chip Group, LLC dba Augason Farms
Blue Chip Group, Inc.
Amazon.com, Inc.
Amazon.com Services LLC
Injunctive Relief: 
“Daily Exposure Level” means micrograms of lead or cadmium per gram of product, multiplied by grams of product per serving of the product (using the largest serving size appearing on the product label), multiplied by servings of the product per day, using the largest number of recommended daily servings appearing on the label or in marketing materials of the Company. If the label or marketing materials contain no recommended daily servings, then the number of recommended daily servings shall be one. 1.7. “Violative Daily Exposure Level” is an exposure to more than 0.5 micrograms of lead and/or lead compounds per day and/or more than 4.1 mcg of cadmium per day. The Company agrees that the Covered Product(s) that Company Distributes into the State of California after the Compliance Date, shall either (1) qualify as a Reformulated Product or (2) comply with the Warning requirements of this Agreement. 2.2. Testing. 2.2.1. The testing requirements of Section 2.2 do not apply to Covered Products for which the Company has provided the Warning. 2.2.2. Testing shall be performed prior to Company’s first distribution into California or sale in California of Reformulated Product; 2.2.3. Testing shall continue at least once per year for as long as the Company sells Covered Product(s). 2.2.4. For purposes of determining if the Warning is required, the Company shall randomly select and test three (3) samples of the Covered Products from different lot numbers by Company (or, if fewer than 3 lots are available for testing, from as many lots as are available). The company must consider the highest level in determining if the product can be sold without a warning. Testing shall continue at least once per year thereafter for as long as Company sells Covered Product.
*Non-Contingent Civil Penalty:
$ 34,500.00
Attorney(s) Fees and Costs:
$ 138,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 172,500.00
Will settlement be submitted to court?
No
Contact Name: 
Aida Poulsen
Contact Organization: 
Poulsenn Law P.C.
Email Address:
ap@poulsenlaw.org
Address: 
282 11TH AVE SUITE 2612
City, State, Zip:
NEW YORK, NY 100011278
Phone Number:
646-776-5999

* 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.