60 Day Notice 2024-04000

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2024-04000
Notice PDF: 
PDF icon 2024-04000.pdf
Date Filed: 
09/23/2024
Noticing Party: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Alleged Violators: 
SMB Group, Inc. DBA Brouk & Co.
SMB Group, Inc.
Brouk & Co.
T.J. Maxx
The TJX Companies, Inc.
Chemicals: 
Di(2-ethylhexyl)phthalate (DEHP)
Source: 
Backgammon Set
Comments: 
This notice supplements 2024-03878.

60-Day Notice Document

Civil Complaint
AG Number:
2024-04000
Complaint PDF: 
PDF icon 2024-04000C9609.pdf
Date Filed:
04/03/2025
Case Name: 
Consumer Advocacy Group, Inc. v. Tommy Bahama Group, Inc.
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
25STCV09962
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
TOMMY BAHAMA GROUP, INC., a Delaware Corporation
THE TJX COMPANIES, INC., a Delaware Corporation
Type of Claim: 
Failure to Warn
Toxic-tort
Relief Sought: 
Warning
Civil Penalty
Injunction
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Yeroushalmi
Email Address:
admin@yeroushalmi.com
Address: 
9100 Wilshire Blvd Suite 240W
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
Comments: 
This complaint also pertains to 2024-03878, 2024-04238, and 2024-04370.
Settlement
AG Number:
2024-04000
Settlement PDF: 
PDF icon 2024-04000S6188.pdf
Settlement Date:
10/03/2025
Case Name: 
Consumer Advocacy Group, Inc. v. SMB Group dba Brouk & Co.
Court Name: 
Los Angeles County Superior Court
Court Docket Number: 
N/A
Plaintiff: 
Consumer Advocacy Group, Inc.
Plaintiff Attorney: 
Reuben Yeroushalmi
Defendant: 
SMB Group dba Brouk & Co.
Injunctive Relief: 
3.1 Brouk & Co. agrees, promises, and represents that within 60 days after the Effective Date, Brouk & Co. shall either: (a) reformulate Covered Products manufactured after the Effective Date and offered for sale in California to a point where the level of DEHP or DINP in the Covered Products does not exceed 0.1% by weight; or (b) provide warnings on such Covered Products that comply with Proposition 65, provided that Covered Products sold or distributed by Brouk & Co. prior to 60 days after the Effective Date shall be deemed exempted from the requirements of this section and shall be permitted to be sold through as previously manufactured, packaged, and labeled. Commencing within days after the Effective Date, the warning shall be consistent with Title 27 California Code of Regulations, §§ 25600 et seq. The warning shall be provided for cancer and birth defects, or other reproductive harm for DEHP or cancer for DINP. The warnings shall be provided in such a conspicuous and prominent manner that will assure the message is made available and likely to be read, seen, or heard by the consumer prior to or at the time of the sale or purchase. The Parties agree that product labeling stating that: WARNING: This product can expose you to chemicals including Di (2-ethylhexyl) phthalate (DEHP), which is 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. WARNING: This product can expose you to chemicals including Diisononyl Phthalate (DINP), which is known to the State of California to cause cancer. For more information go to www.P65Warnings.ca.gov. shall constitute compliance with Proposition 65 with respect to the Listed Chemicals in the Covered Products for any Covered Products that had not been reformulated and were distributed and/or sold by Releasees or Downstream Releasees within 60 days after the Effective Date. Where a label used for the Covered product in existing inventory, that exceeds 0.1% of DEHP or DINP includes consumer information as defined by California Code of Regulations, Title 27 § 25600.1(c) in a language other than English, Brouk & Co shall comply with California Code of Regulations, Title 27 25602(d). Should Brouk & Co. sell or distribute any Covered Products in existing inventory, that exceeds 0.1% of DEHP or DINP through the internet, the warning will be posted in the manner provided for with respect to internet sales, as provided for in 27 CCR sections 25601 and 25602, as they may be subsequently amended.
*Non-Contingent Civil Penalty:
$ 12,000.00
Attorney(s) Fees and Costs:
$ 53,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 65,000.00
Will settlement be submitted to court?
No
Contact Name: 
Reuben Yeroushalmi
Contact Organization: 
Yeroushalmi & Yeroushalmi
Email Address:
admin@yeroushalmi.com
Address: 
9100 Wilshire Blvd., Suite 240W
City, State, Zip:
Beverly Hills, CA 90212
Phone Number:
(310) 623-1926
Comments: 
This settlement pertains to 2024-03878, 2024-04000, 2025-02671, and 2025-02752.

* 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.