60 Day Notice 2023-00632

AG Number: 
2023-00632
Notice PDF: 
Date Filed: 
03/03/2023
Noticing Party: 
Chemical Toxin Working Group Inc. dba Healthy Living Foundation
Plaintiff Attorney: 
Poulsen Law P.C.
Alleged Violators: 
Naturevibe Botanicals
Rishabh Chokhani
Amazon.com, Inc.
Amazon.com Services LLC
Chemicals: 
Lead and lead compounds
Source: 
Spinach

60-Day Notice Document

Settlement
AG Number:
2023-00632
Settlement PDF: 
Settlement Date:
01/29/2024
Case Name: 
Chemical Toxin Working Group Inc. v. Euroasias Organics 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: 
Euroasias Organics Inc dba Naturevibe Botanicals
Amazon.com, Inc.
Amazon.com Services LLC
Injunctive Relief: 
As of the Effective Date and to the extent that Company is required to provide a warning, Company agrees to provide a clear and reasonable warning on the Covered Product in compliance with the requirements of Proposition 65. This requirement shall only be applicable to Covered Product that is distributed, marketed, imported, sold, or offered for sale to consumers in the State of California. The injunctive requirements of this Section shall not apply to any Covered Product already in the stream of commerce as of the Effective Date. Company has stopped sale of the Covered Product and will not disseminate it to any Distributor. 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); and the Online/Internet Warning under 2.3.3, if the Product is sold online. (a) Standard Warning. The Standard Warning shall consist of the statement: WARNING: Consuming this product can expose you to lead and lead compounds, which are 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/food. (b) Short-Form Warning. The Short-Form Warning shall consist of the statement: WARNING: Cancer and Reproductive Harm - www.P65Warnings.ca.gov/food. Company may include the names of additional chemicals in the warning if Company reasonably believes such chemicals are present at a level that would require a Proposition 65 warning. 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.
*Non-Contingent Civil Penalty:
$ 23,000.00
Attorney(s) Fees and Costs:
$ 142,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 165,000.00
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


* 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.