Consumer Advocacy Group Inc. v. Ross Stores Inc., et al.
Published: Sep. 30, 2022 | Result Date: Aug. 22, 2022 | Filing Date: Dec. 1, 2020 |Case number: 20STCV45871 Settlement – $65,000
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Reuben Yeroushalmi
(Yeroushalmi & Yeroushalmi)
Defendant
Fang L. Chen
(The Law Offices of Fang Chen)
Facts
Consumer Advocacy Group, Inc. is a California-based entity that seeks to promote awareness of exposures to toxic chemicals and improve human health by reducing or eliminating hazardous substances contained in consumer and industrial products. Le Miel Group has sold and distributed Purse with Polymer Components, including but not limited to "Le Miel Black Purse." Additionally, the Le Miel Black Purse is sold in various Ross Stores across California. Di(2-ethylhexyl)phthalate (DEHP) is a chemical known to California to cause cancer and birth defects or other reproductive harm. On June 10, 2020, the Consumer Advocacy Group, Inc. brought an action on behalf of itself and in the interest of the public for civil penalties and injunctive relief against Le Miel and various retailers selling the relevant products for violation of Proposition 65. No other public enforcer has commenced or diligently prosecuted the allegations in the complaint.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendants violated Proposition 65 by failing to give clear and reasonable warnings of exposure to DEHP in their products. Further, plaintiff maintained that defendants knew or should have known that their Le Miel Black Purse product had dangerous levels of DEHP but knowingly and intentionally exposed their consumers to this harmful chemical.
DEFENDANTS' CONTENTIONS: Defendants denied all contentions.
Result
$65,000 settlement.
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