60 Day Notice 2017-02705

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2017-02705
Notice PDF: 
PDF icon 2017-02705.pdf
Date Filed: 
12/22/2017
Noticing Party: 
Consumer Advocacy Group, Inc.
Alleged Violators: 
Sakar International, Inc.
Sakar International, Inc. dba Vivitar UK
Fry's Electronics, Inc.
Chemicals: 
Di(2-ethylhexyl)phthalate (DEHP)
Source: 
Reflective armbands

60-Day Notice Document

Settlement
AG Number:
2017-02705
Settlement PDF: 
PDF icon 2017-02705S0165.pdf
Settlement Date:
11/03/2021
Case Name: 
CAG v. Fry's, et al.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG19816512
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
Sakar International, Inc.
Injunctive Relief: 
After the Effective Date, Defendant shall not distribute for sale or offer for sale in the United States of America any Covered Products unless the levels of DEHP in the Covered Products do not exceed more than 0.1% (1,000 parts per million) by weight. For any Covered Products ordered for manufacture prior to the Effective Date, The defendant shall place a Proposition 65 compliant warning consistent with 27 CCR section 25600 et seq on them.
*Non-Contingent Civil Penalty:
$ 28,600.00
Attorney(s) Fees and Costs:
$ 300,000.00
Payment in Lieu of Penalty:
$ 21,400.00  (CAG will use this portion of the Total Settlement Payment as follows, eighty five percent (85%) for fees of investigation, purchasing and testing for the Proposition 65 Listed Chemical 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 the Proposition 65 Listed Chemical, 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; fifteen percent for administrative costs incurred during investigation and litigation. (15%) for administrative costs incurred during investigation and litigation to reduce the public’s exposure to the Proposition 65 Listed Chemical 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 the Proposition 65 Listed Chemical 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)
Total Payments:
$ 350,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Associates
Email Address:
admin@yeroushalmi.com
Address: 
9100 Wilshire Blvd Ste 240W
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
Fax Number:
(310) 623-1930
Comments: 
This consent judgment also covers notices with AG No.s: 2017-02595, 2019-02055; 2019-02303; and 2020-01222.
Judgment
AG Number:
2017-02705
Judgment PDF: 
PDF icon 2017-02705J4766.pdf
Judgment Date:
03/16/2022
Settlement reported to AG: 
Wed, 11/03/2021
Case Name: 
Consumer Advocacy Group, Inc. v. Fry's Electronics, et al.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG18916512
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Yeroushalmi & Yeorushalmi
Defendant: 
Fry's Electronics, Inc.
Fry's Electronics, Store #5
Injunctive Relief: 
After the Effective Date, Defendant shall not distribute for sale or offer for sale in the United States of America any Covered Products unless the levels of DEHP in the Covered Products do not exceed more than 0.1% (1,000 parts per million) by weight. For any Covered Products ordered for manufacture prior to the Effective Date, Defendant shall place a Proposition 65 compliant warning consistent with 27 CCR section 25600 et seq on them.
*Non-Contingent Civil Penalty:
$ 28,600.00
Attorney(s) Fees and Costs:
$ 300,000.00
Payment in Lieu of Penalty:
$ 21,400.00  (CAG will use this portion of the Total Settlement Payment as follows, eighty-five percent (85%) for fees of investigation, purchasing, and testing for the Proposition 65 Listed Chemical 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 the Proposition 65 Listed Chemical, 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; fifteen percent (15%) for administrative costs incurred during investigation and litigation to reduce the public’s exposure to the Proposition 65 Listed Chemical 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 the Proposition 65 Listed Chemical 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.)
Total Payments:
$ 350,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Yeroushalmi
Email Address:
admin@yeroushalmi.com
Address: 
9100 Wilshire Blvd Ste 240W
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
Fax Number:
(310) 623-1930

* 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.