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
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.
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