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Consumer Law
Consumer Protection
Violation of Proposition 65

Consumer Advocacy Group Inc. v. Wal-Mart Stores Inc., Wal-Mart Associates Inc., Walmart Starco LLC, Wal-Mart Stores East LP, Wal-Mart.Com USA LLC, American Roland Food Corporation, and Does 1 to 20

Published: Jan. 4, 2019 | Result Date: Aug. 27, 2018 | Filing Date: Mar. 1, 2017 |

Case number: BC651902 Settlement –  $130,000

Judge

Stephanie M. Bowick

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

Reuben Yeroushalmi
(Yeroushalmi & Yeroushalmi)

Benyahou Yeroushalmi
(Yeroushalmi & Yeroushalmi)

Peter T. Sato
(Yeroushalmi & Yeroushalmi )


Defendant

Sarah Esmaili
(Arnold & Porter Kaye Scholer LLP)


Facts

Plaintiff filed a complaint against American Roland Food Corp., an anchovy manufacturer, in relation to violations under California's Proposition 65, formerly The Safe Drinking Water and Toxic Enforcement Act of 1986.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff alleged violations of Proposition 65 when defendant exposed California citizen's to anchovy fillets that contained the toxic chemical lead without providing a clear and reasonable warning of exposure.

DEFENDANT'S CONTENTIONS: Defendant denied plaintiff's allegations and contended that its products were in compliance with the law.

Result

Parties settled the matter and entered into a consent judgment. Plaintiff was awarded injunctive relief and a total settlement sum of $130,000. The settlement includes reimbursement of plaintiff's legal fees and costs for $95,000 as well as $20,000 in civil penalties.


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