Consumer Advocacy Group Inc. v. Daiso California LLC, Daiso Holding USA Inc., Daiso Japan, and Does 1-10
Published: Dec. 17, 2021 | Result Date: Aug. 17, 2021 | Filing Date: Aug. 29, 2018 |Case number: BC719892 Settlement – $190,000
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Reuben Yeroushalmi
(Yeroushalmi & Yeroushalmi)
Shannon E. Royster
(Yeroushalmi & Yeroushalmi)
Defendant
Thomas L. VanWyngarden
(Pillsbury, Winthrop, Shaw & Pittman LLP)
Facts
Daiso California, Daiso Holdings USA, and Daiso Japan (Daiso) manufactured, distributed, promoted, and/or is a retailer of Seaweed, including, "Dried Seaweed" and "Yaki Onigiri Nori" (Products), in the State of California. The Consumer Advocacy Group brought an action against Daiso alleging Daiso violated Proposition 65 when the Products contained lead.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended defendants violated Proposition 65 when defendants knew or should have known the Products contained lead. Plaintiff contended defendants knowingly exposed consumers in California to lead. Plaintiff contended defendants violated Proposition 65 when defendants did not providing clear and reasonable warnings to consumers that the Products contained lead.
DEFENDANTS' CONTENTIONS: Defendants denied all of the contentions.
Result
The case settled for $190,000. Daiso agreed, promised, and represented that, after the Effective Date, to the extent it ships or sells any Products that exceed 75 parts per billion (ppb) Lead, it will provide warnings on such Products that comply with Proposition 65.
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