60 Day Notice 2023-03972

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2023-03972
Notice PDF: 
PDF icon 2023-03972.pdf
Date Filed: 
12/14/2023
Noticing Party: 
Chemical Toxin Working Group Inc. dba Healthy Living Foundation
Plaintiff Attorney: 
Poulsen Law P.C.
Alleged Violators: 
Food Ventures North America, Inc.
JBS USA Holdings, LLC
JBS USA Food Company Holdings
JBS USA Food Company
Chemicals: 
Lead and lead compounds
Source: 
Wild Fork Spanish Coquina Clams

60-Day Notice Document

Corrected Settlement
AG Number:
2023-03972
Settlement PDF: 
PDF icon 2023-03972S5031.pdf
Settlement Date:
03/26/2025
Case Name: 
CHEMICAL TOXIN WORKING GROUP INC. v. JBS USA Food Company
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: 
Food Ventures North America, Inc.
JBS USA Holdings, LLC
JBS USA Food Company Holdings
JBS USA Food Company
Panapesca USA Corp.
Injunctive Relief: 
(a) The Company shall not "Distribute into the State of California" any Covered Products on or after August 10, 2024 unless each unit of such Covered Product includes a Proposition 65 warning using the currently applicable regulatory "safe harbor" methods and content for cadmium and lead in foods, with the example text set forth in Exhibit A. Examples of the warnings also appear on a photo for each Covered Product at Exhibit A. The Parties agree that such warning text as set forth in Exhibit A complies as a "clear and reasonable" warning and thus presently satisfies Proposition 65 warning obligations with regard to the Covered Products. (b) The Company further agrees, in addition to providing warnings satisfying the terms of Section 8(a) on each unit of a Covered Product, to provide the same regulatory "safe harbor" warning text set forth in Exhibit A for sales via its proprietary website of Covered Products it "Distributes into the State of California". The Company does not knowingly sell Covered Products to commercial customers for resale, and it sells Covered Products to California consumers online only via its proprietary website, not any third party website. The proprietary website warning shall be displayed either: (i) on the same webpage where the Covered Product is displayed and described, or (ii) on the same webpage as the price is displayed, or (iii) by a clearly marked hyperlink using the word "WARNING" on the product display webpage, or (iv) otherwise provided to the California purchaser prior to completion of check out. Whichever alternative is elected, the warning in all cases must be conspicuous, so a purchaser does not need to search for it in the general content of the website and always associated with a specific Covered Product, not just applying to general categories of products sold on the website.
*Non-Contingent Civil Penalty:
$ 40,000.00
Attorney(s) Fees and Costs:
$ 158,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 198,000.00
Will settlement be submitted to court?
No
Contact Name: 
Aida Poulsen
Contact Organization: 
Poulsen Law P.C.
Email Address:
contact@poulsenlaw.org
Address: 
282 11TH AVE SUITE 2612
City, State, Zip:
NEW YORK, NY 100011278
Phone Number:
(646) 766-5999

* 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.