This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Consumer Law
Consumer Protection
Violation of Proposition 65

Consumer Advocacy Group Inc. v. Island Pacific Distribution Inc., Kababayan Development Inc. dba Island Pacific Supermarket, Anhing Corporation, Montalvan Sales Inc. dba Montalvan's Sales Inc., American Ranch and Seafood Markets Inc., Foodasia International Corporation, and Does 1-20

Published: Feb. 24, 2023 | Result Date: Nov. 4, 2022 | Filing Date: Oct. 21, 2016 |

Case number: BC638152 Settlement –  $260,000

Judge

Monica Bachner

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

Reuben Yeroushalmi
(Yeroushalmi & Yeroushalmi)


Defendant

Jad T. Davis
(Shook, Hardy & Bacon LLP)


Facts

Consumer Advocacy Group, Inc. brought a consumer protection action against Island Pacific Distribution, Inc.; Kababayan Development, Inc.; Anhing Corporation; Montalvan Sales, Inc.; American Ranch and Seafood Markets, Inc.; and Foodasia International Corporation.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants violated Proposition 65 by failing to give clear and reasonable warnings of exposure to lead from products sold and/or distributed by defendants. Plaintiff asserted that defendant Montalvan Sales knowingly and intentionally sold and/or distributed curry powder containing lead without providing consumers a Proposition 65 warning.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions.

Result

Consumer Advocacy Group and Montalvan Sales settled the case for $260,000. Pursuant to the settlement agreement, Montalvan Sales agreed to provide a Proposition 65 compliant warning for any covered products that exceed 175 parts-per billion.


#140296

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390