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Consumer Law
Consumer Protection
Violation of Proposition 65

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

Gregory Keosian

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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