Judge: Peter Wilson, Case: 30-2022-01289191, Date: 2023-06-15 Tentative Ruling

The Court has considered the unopposed Motion to Approve Proposition 65 Settlement and Stipulated Consent Judgment and has the following concerns:

1.    The Option 2 Warning should include “birth defects”. Consent Judgment, §3.4.

2.    What authority governs or approves a warning in the form of Option 2?

3.    Plaintiff does not address the nature, extent and number of violations. This information is necessary to determine whether the amount of civil penalties comply with Health & Safety Code § 25249.7(b)(1). 

4.    Paragraphs 3 and 4 in the proposed Order refers to an “additional settlement payment in lieu of civil penalty” but it is unclear to what this is referring.

Accordingly, the Court CONTINUES the hearing to August 3, 2023. Any supplemental papers should be filed at least 9 days prior to the hearing and served on the Attorney General, along with a proof of service.

Plaintiff is ordered to give notice, including to the Attorney General and to file a proof of service.