60 Day Notice 2022-02903

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2022-02903
Notice PDF: 
PDF icon 2022-02903.pdf
Date Filed: 
12/06/2022
Noticing Party: 
Chemical Toxin Working Group Inc. dba Healthy Living Foundation
Plaintiff Attorney: 
Poulsen Law P.C.
Alleged Violators: 
7DC Inc. dba Allfresh seafood
All Fresh Seafood, Inc.
All Fresh Seafood.com LLC
Chemicals: 
Cadmium
Lead and lead compounds
Source: 
Shellfish

60-Day Notice Document

Corrected Settlement
AG Number:
2022-02903
Settlement PDF: 
PDF icon 2022-02903S2273.pdf
Settlement Date:
08/14/2023
Case Name: 
Chemical Toxin Working Group Inc. v. 7DC Inc.
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: 
7DC Inc. dba Allfresh Seafood
All Fresh Seafood, Inc.
All Fresh Seafood.com LLC
Injunctive Relief: 
2.3.1. A clear and reasonable exposure Warning must be provided for Covered Product(s) with Violative Daily Exposure Level that Company Distributes into the State of California after the Compliance Date. The Warning shall consist of either the Standard Warning (under 2.3.1. (a)) or the Short-Form Warning (under 2.3.1. (b)). (a) Standard Warning. The Standard Warning shall consist of the statement: ● WARNING: Consuming this product can expose you to chemicals including cadmium and lead, which are known to the State of California to cause birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov. (b) Short-Form Warning. The Short-Form Warning shall consist of the statement: WARNING: Reproductive Harm - www.P65Warnings.ca.gov. The font size of the Short-Form warning must be a minimum of 6 points, and it cannot be smaller than the largest size font used for Consumer Information. 2.3.2. Print Warning. Standard Warning or Short-Form Warning provided pursuant to Section 2.3 in print form must: (a) contain the word “WARNING:” in all capital letters, in bold font, followed by a colon; (b) display the Warning Symbol to the left of the word “WARNING:”; (c) display the Warning Symbol in a size no smaller than the height of the word “WARNING:”; (d) be affixed to or printed on the Products’ label, or on a placard, shelf tag, sign or electronic device; (e) be displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual under customary conditions of purchase or use; (f) be set off from other surrounding information; (g) be enclosed in a box with a black, bold border. 2.3.3. Online/Internet Warning. If Company or a Distributor sell(s) Covered Product via internet websites to customers located in California, the warning requirements of this section shall be satisfied by (1) on-label warning and (2) the Warning also must be displayed online prior to the purchase, either on one or on all of the below: (a) on the same web page on which a Covered Product is displayed and/or described; (b) on the same page as the price for the Covered Product is displayed; or (c) on one or more web pages displayed to a purchaser prior to completion of purchase during the checkout process. 2.3.4. Online Warning must comply with all requirements of Section 2.3.2 of this Agreement, except 2.3.2.(d). 2.3.5. Online Warning must be visible for an ordinary consumer without scrolling a page past Covered Product’s image or price. Warning must be displayed next to the Covered Product’s image or price, in a manner that clearly associates it with Covered Product(s) to which the Warning applies. 2.3.5. Online Short Term Warning, in addition to other requirements, must display a Warning Symbol with the clickable word “WARNING” in bold, black font, in the font size no less than the largest font in the Consumer Information; must link to the text of the Standard Warning; and must link to the website http://www.P65Warnings.ca.gov. 2.4. For any Covered Product sold by Company to a Distributor, Company shall provide the written Notice to Distributors and Retailers attached hereto as Exhibit A. Confirmation of receipt of the Notice to Distributors and Retailers must be received electronically or in writing from a Distributor.
*Non-Contingent Civil Penalty:
$ 19,100.00
Attorney(s) Fees and Costs:
$ 76,400.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 95,500.00
Will settlement be submitted to court?
No
Contact Name: 
Aida Poulsen
Contact Organization: 
Poulsen 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
Settlement
AG Number:
2022-02903
Settlement PDF: 
PDF icon 2022-02903S2085.pdf
Settlement Date:
08/14/2023
Case Name: 
Chemical Toxin Working Group Inc. v. 7DC Inc.
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: 
7DC Inc. dba Allfresh Seafood
All Fresh Seafood, Inc.
All Fresh Seafood.com LLC
Injunctive Relief: 
2.3.1. A clear and reasonable exposure Warning must be provided for Covered Product(s) with Violative Daily Exposure Level that Company Distributes into the State of California after the Compliance Date. The Warning shall consist of either the Standard Warning (under 2.3.1. (a)) or the Short-Form Warning (under 2.3.1. (b)). (a) Standard Warning. The Standard Warning shall consist of the statement: ● WARNING: Consuming this product can expose you to chemicals including cadmium and lead, which are known to the State of California to cause birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov. (b) Short-Form Warning. The Short-Form Warning shall consist of the statement: WARNING: Reproductive Harm - www.P65Warnings.ca.gov. The font size of the Short-Form warning must be a minimum of 6 points, and it cannot be smaller than the largest size font used for Consumer Information. 2.3.2. Print Warning. Standard Warning or Short-Form Warning provided pursuant to Section 2.3 in print form must: (a) contain the word “WARNING:” in all capital letters, in bold font, followed by a colon; (b) display the Warning Symbol to the left of the word “WARNING:”; (c) display the Warning Symbol in a size no smaller than the height of the word “WARNING:”; (d) be affixed to or printed on the Products’ label, or on a placard, shelf tag, sign or electronic device; (e) be displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual under customary conditions of purchase or use; (f) be set off from other surrounding information; (g) be enclosed in a box with a black, bold border. 2.3.3. Online/Internet Warning. If Company or a Distributor sell(s) Covered Product via internet websites to customers located in California, the warning requirements of this section shall be satisfied by (1) on-label warning and (2) the Warning also must be displayed online prior to the purchase, either on one or on all of the below: (a) on the same web page on which a Covered Product is displayed and/or described; (b) on the same page as the price for the Covered Product is displayed; or (c) on one or more web pages displayed to a purchaser prior to completion of purchase during the checkout process. 2.3.4. Online Warning must comply with all requirements of Section 2.3.2 of this Agreement, except 2.3.2.(d). 2.3.5. Online Warning must be visible for an ordinary consumer without scrolling a page past Covered Product’s image or price. Warning must be displayed next to the Covered Product’s image or price, in a manner that clearly associates it with Covered Product(s) to which the Warning applies. 2.3.5. Online Short Term Warning, in addition to other requirements, must display a Warning Symbol with the clickable word “WARNING” in bold, black font, in the font size no less than the largest font in the Consumer Information; must link to the text of the Standard Warning; and must link to the website http://www.P65Warnings.ca.gov. 2.4. For any Covered Product sold by Company to a Distributor, Company shall provide the written Notice to Distributors and Retailers attached hereto as Exhibit A. Confirmation of receipt of the Notice to Distributors and Retailers must be received electronically or in writing from a Distributor.
*Non-Contingent Civil Penalty:
$ 19,100.00
Attorney(s) Fees and Costs:
$ 76,400.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 95,500.00
Will settlement be submitted to court?
Yes
Contact Name: 
Aida Poulsen
Contact Organization: 
Poulsen 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.