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Proposition 65 Settlement Summary 2008 A B
Proposition 65 Settlement Summary 2008 A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Plaintiff B No. of Settlements C Total Settlements D Injunctive Relief Included E Civil Penalty F % of Total G Attorney Fees & Costs H % of Total I Other J % of Total AMERICAN ENVIRONMENTAL SAFETY INST. AS YOU SOW BRIMER, RUSSELL CENTER FOR SELF-IMPROVEMENT & COMMUNITY DEVELOP. CENTER FOR ENVIRONMENTAL HEALTH CALIFORNIA WOMEN'S LAW CENTER; KATHERINE BUCKLAND CONSUMER ADVOCACY GROUP, INC CONSUMER DEFENSE GROUP ACTION DIPIRRO, MICHAEL HELD, ANTHONY, Ph.D. LEEMAN, WHITNEY R., Ph.D. MATEEL ENVIRONMENTAL JUSTICE FOUNDATION SOWINSKI, RICHARD, DC TE'O, JAIME 4 6 12 1 37 2 31 2 6 31 10 39 1 4 $215,500.00 $820,000.00 $325,909.96 $0.00 $4,692,650.00 $5,250.00 $1,003,250.00 $274,000.00 $445,000.00 $1,173,250.00 $366,244.48 $1,775,300.00 $10,000.00 $97,750.00 4 6 12 1 37 2 31 2 6 31 10 39 1 4 $0.00 $81,500.00 $46,100.00 $0.00 $119,800.00 $0.00 $0.00 $0.00 $137,000.00 $272,100.00 $98,500.00 $95,450.00 $0.00 $10,000.00 0.00% 9.94% 14.15% 0.00% 2.55% 0.00% 0.00% 0.00% 30.79% 23.19% 26.89% 5.38% 0.00% 10.23% $103,440.00 $192,782.00 $279,809.96 $0.00 $3,117,900.00 $1,912.50 $972,750.00 $274,000.00 $308,000.00 $901,150.00 $267,744.48 $1,060,000.00 $10,000.00 $87,750.00 48.00% 23.51% 85.85% 0.00% 66.44% 36.43% 96.96% 100.00% 69.21% 76.81% 73.11% 59.71% 100.00% 89.77% $112,060.00 $545,718.00 $0.00 $0.00 $1,456,950.00 $3,337.50 $30,500.00 $0.00 $0.00 $0.00 $0.00 $619,850.00 $0.00 $0.00 52.00% 66.55% 0.00% 0.00% 31.05% 63.57% 3.04% 0.00% 0.00% 0.00% 0.00% 34.92% 0.00% 0.00% ENVIRONMENTAL LAW FOUNDATION/COMMUNITIES FOR A BETTER ENVIRONMENT/OUR CHILDREN'S EARTH FOUNDATION Subtotal 1 187 $6,600,000.00 $17,804,104.44 1 187 $0.00 $860,450.00 0.00% 4.83% $6,600,000.00 $14,177,238.94 100.00% 79.63% $0.00 $2,768,415.50 0.00% 15.55% OFFICE OF THE ATTORNEY GENERAL OFFICE OF THE ATTORNEY GENERAL/ L.A.CITY ATTORNEY 10 2 $2,867,500.00 $3,865,726.00 10 2 $1,973,750.00 $1,798,500.00 68.83% 46.52% $0.00 $430,726.00 0.00% 11.14% $893,750.00 $1,636,500.00 31.17% 42.33% Grand Total 199 $24,537,330.44 199 $4,632,700.00 18.88% $14,607,964.94 59.53% $5,298,665.50 21.59% 4/3/2009 3:40 PM Proposition 65 Settlement Summary 2000-2008 A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Plaintiff AMERICAN ENVIRONMENTAL SAFETY INST. AS YOU SOW CALIFORNIA COMMUNITY HEALTH ADVOCATES CALIFORNIA SPORTFISHING PROTECTION ALLIANCE CALIFORNIA WOMEN'S LAW CENTER; KATHERINE BUCKLAND CENTER FOR ENVIRONMENTAL HEALTH COMMUNITIES FOR A BETTER ENVIRONMENT CONSUMER ADVOCACY GROUP, INC CONSUMER CAUSE, INC CONSUMER DEFENSE GROUP CONSUMER JUSTICE FOUNDATION ECOLOGICAL RIGHTS FOUNDATION EDWARD CROSS ENVIRONMENTAL LAW FOUNDATION ENVIRONMENTAL WORLD WATCH EUGENE DUFFY FACTS LYNN TODD EDGERTON GEORGE P. KONSTANTOUROS MATEEL ENVIRONMENTAL JUSTICE FOUNDATION MICHAEL DIPIRRO NORTHERN CALIFORNIA RIVER WATCH PHILIP K. STEINER TOXIC INJURIES CORPORATION WORKING GROUP ON CISC PAUL DOWHAL SANTA CLARA CTR. FOR OCC. HLTH & SAFETY THE MCKENZIE GROUP RUSSELL BRIMER WHITNEY LEEMAN, Ph.D. MICHAEL L. HUDSPETH STEVEN SWARTZBERG BRIMER v. BOELTER OPT-INS ROBERT WILKINSON MICHAEL RUGGIE ANTHONY HELD, Ph.D. RICHARD SOWINSKI, DC ENVIRONMENTAL LAW FOUNDATION/COMMUNITIES FOR A BETTER ENVIRONMENT/OUR CHILDREN'S EARTH 41 FOUNDATION 42 43 SUBTOTAL 44 45 OFFICE OF THE ATTORNEY GENERAL 46 ATTORNEY GENERAL / PERRY GOTTESFELD 47 ATTORNEY GENERAL / NRDC 48 ATTORNEY GENERAL / MATEEL 49 ATTORNEY GENERAL / CEH 50 ATTORNEY GENERAL / LOS ANGELES DISTRICT ATTORNEY OFFICE OF THE ATTORNEY GENERAL / ALAMEDA DISTRICT 51 ATTORNEY/LOS ANGELES DISTRICT ATTORNEY OFFICE OF THE ATTORNEY GENERAL/COUNCIL FOR 52 EDUCATION AND RESEARCH ON TOXICS 53 54 SUBTOTAL 55 56 CITY OF SAN JOSE/PAUL DOWHAL 57 CITY & COUNTY OF S.F./ELF 58 ELF/S.F. CITY ATTORNEY 59 SAN JOAQUIN DISTRICT ATTORNEY 60 SUBTOTAL 61 62 GRAND TOTAL 63 64 65 66 67 68 4/3/2009 B No. of Settlements 14 64 23 1 24 177 26 145 62 52 1 38 1 18 4 1 1 1 1 280 217 1 1 1 1 1 1 1 123 52 1 1 205 1 3 31 1 C Total Settlements $1,913,000.00 $5,268,900.00 $927,370.00 $452,500.00 $411,175.00 $11,952,450.00 $11,740,490.00 $3,726,948.00 $728,487.50 $2,813,591.50 $70,000.00 $950,750.00 $1,300,000.00 $1,894,000.00 $532,500.00 $9,250.00 $7,500.00 $900,000.00 $25,000.00 $14,166,687.00 $7,040,324.01 $15,500.00 $9,825.00 $230,000.00 $200,000.00 $27,500.00 $175,000.00 $54,800.00 $6,167,698.95 $4,955,219.48 $0.00 $0.00 $9,073,750.00 $50,000.00 $496,500.00 $1,173,250.00 $10,000.00 D Injunctive Relief Included 14 63 22 1 24 170 25 145 43 44 1 36 1 18 4 0 0 1 0 281 213 1 1 0 1 1 1 1 123 52 1 1 205 1 3 31 1 E Civil Penalty $0.00 $349,100.00 $20,750.00 $0.00 $5,000.00 $430,000.00 $1,005,000.00 $138,250.00 $22,000.00 $0.00 $35,000.00 $4,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $358,450.00 $1,786,502.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,450,300.00 $1,361,500.00 $0.00 $0.00 $2,812,000.00 $0.00 $5,000.00 $272,100.00 $0.00 F % of Total 0.00% 6.63% 2.24% 0.00% 1.22% 3.60% 8.56% 3.71% 3.02% 0.00% 50.00% 0.47% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 2.53% 25.38% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 23.51% 27.48% 0.00% 0.00% 30.99% 0.00% 1.01% 23.19% 0.00% G Attorney Fees & Costs H % of Total $771,365.98 $1,964,718.03 $381,023.65 $275,000.00 $84,112.50 $8,262,045.45 $10,243,990.00 $2,609,624.00 $327,813.50 $2,362,429.00 $35,000.00 $492,500.00 $1,150,000.00 $1,133,167.00 $427,500.00 $0.00 $6,000.00 $650,000.00 $0.00 $7,917,000.00 $5,115,132.01 $15,500.00 $9,825.00 $230,000.00 $150,000.00 $27,500.00 $100,000.00 $27,400.00 $4,705,398.95 $3,523,719.48 $0.00 $0.00 $6,261,750.00 $50,000.00 $373,000.00 $901,150.00 $10,000.00 40.32% 37.29% 41.09% 60.77% 20.46% 69.12% 87.25% 70.02% 45.00% 83.96% 50.00% 51.80% 88.46% 59.83% 80.28% 0.00% 80.00% 72.22% 0.00% 55.88% 72.65% 100.00% 100.00% 100.00% 75.00% 100.00% 57.14% 50.00% 76.29% 71.11% 0.00% 0.00% 69.01% 100.00% 75.13% 76.81% 100.00% I Other J % of Total $1,141,634.02 $2,955,101.97 $532,296.68 $177,500.00 $322,062.50 $3,263,904.55 $491,500.00 $997,074.00 $378,674.00 $451,162.50 $0.00 $403,250.00 $200,500.00 $760,833.00 $105,000.00 $0.00 $1,500.00 $250,000.00 $0.00 $5,891,237.00 $138,500.00 $0.00 $0.00 $0.00 $50,000.00 $0.00 $75,000.00 $27,400.00 $12,000.00 $70,000.00 $0.00 $0.00 $0.00 $0.00 $38,000.00 $0.00 $0.00 59.68% 56.09% 57.40% 39.23% 78.33% 27.31% 4.19% 26.75% 51.98% 16.04% 0.00% 42.41% 15.42% 40.17% 19.72% 0.00% 20.00% 27.78% 0.00% 41.59% 1.97% 0.00% 0.00% 0.00% 25.00% 0.00% 42.86% 50.00% 0.19% 1.41% 0.00% 0.00% 0.00% 0.00% 7.65% 0.00% 0.00% 2 $6,760,000.00 2 $0.00 0.00% $6,760,000.00 100.00% $0.00 0.00% 1544 $89,459,966.44 1515 $10,055,452.00 11.24% $59,812,298.57 66.86% $18,734,130.22 20.94% 46 22 2 1 2 3 $7,304,675.46 $1,454,631.00 $945,000.00 $140,000.00 $1,900,000.00 $6,090,726.00 46 22 2 1 2 3 $4,507,781.48 $713,611.50 $0.00 $0.00 $100,000.00 $2,798,500.00 61.71% 49.06% 0.00% 0.00% 5.26% 45.95% $771,824.84 $741,019.50 $945,000.00 $110,000.00 $1,299,100.00 $1,155,726.00 10.57% 50.94% 100.00% 78.57% 68.37% 18.98% $2,024,439.12 $0.00 $0.00 $30,000.00 $500,900.00 $2,136,500.00 27.71% 0.00% 0.00% 21.43% 26.36% 35.08% 1 $954,000.00 1 $100,000.00 10.48% $475,000.00 49.79% $379,000.00 39.73% 1 $1,250,000.00 1 $350,000.00 28.00% $700,000.00 56.00% $200,000.00 16.00% 78 $20,039,032.46 78 $8,569,892.98 42.77% $6,197,670.34 30.93% $5,270,839.12 26.30% 2 1 1 1 5 $560,000.00 $2,750,000.00 $83,000.00 $283.50 $3,393,000.00 0 1 1 1 1 $0.00 $0.00 $15,667.00 $0.00 $15,667.00 0.00% 0.00% 18.88% 0.00% 0.46% $560,000.00 $1,123,068.26 $67,333.00 $283.50 $1,750,401.26 100.00% 40.84% 81.12% 100.00% 51.59% $0.00 $1,626,931.74 $0.00 $0.00 $1,626,931.74 0.00% 59.16% 0.00% 0.00% 47.95% $18,641,011.98 16.51% $67,760,370.17 60.02% $25,631,901.08 22.70% 1627 $112,891,998.90 1594 Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief is often complex, cannot be presented in summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. 3:40 PM Cumulative Proposition 65 Settlement Report Civil Penalty Defendant 4/16/2008 American Environmental Safety Institute Xclear, Inc. Lead Reduction $37,500.00 $0.00 $18,000.00 $19,500.00 To AESI for on-going compliance monitoring 5/9/2008 American Environmental Safety Institute Weleda, Inc. Reformulation $53,000.00 $0.00 $25,440.00 $27,560.00 To AESI for on-going compliance monitoring 5/23/2008 American Environmental Safety Institute Jason Natural Products, Inc. Reformulation $60,000.00 $0.00 $28,800.00 $31,200.00 To AESI for on-going compliance monitoring 7/30/2008 American Environmental Safety Institute Sheffield Pharmaceuticals Reformulation $65,000.00 $0.00 $31,200.00 $33,800.00 To AESI for on-going compliance monitoring $215,500.00 $0.00 $103,440.00 $112,060.00 American Environmental Safety Institute Totals Injunctive Relief Total Settlement Date Plaintiff 4 Attorney Fees Costs Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Other Distribution Explanantion of Other Distribution Page 1 of 37 Date Plaintiff Defendant Injunctive Relief Total Settlement Civil Penalty Attorney Fees Costs Other Distribution Explanantion of Other Distribution 4/7/2008 As You Sow True Value Company Warning or reformulation $42,000.00 $3,000.00 $17,000.00 $22,000.00 To AYS for grant funding 6/4/2008 As You Sow Idea Sphere, Inc.; TwinLab Corporation Warning or reformulation $297,000.00 $35,000.00 $47,000.00 $215,000.00 To AYS for grant funding 6/18/2008 As You Sow Ace Hardware; drugstore.com; Home Depot USA, Inc.; Kelly Moore Paint Co.; True Value Co.; Valspar Corporation Warning or reformulation $230,000.00 $23,000.00 $57,000.00 $150,000.00 To AYS for grant funding 7/30/2008 As You Sow Dollar Tree Stores, Inc.; Greenbrier International, Inc. Warning or reformulation $65,000.00 $8,000.00 $15,000.00 $42,000.00 To AYS for grant funding 10/7/2008 As You Sow Wholistic Botanicals, LLC Warning or reformulation $150,000.00 $10,000.00 $35,000.00 $105,000.00 To AYS for grant funding 12/5/2008 As You Sow Sheffield Bronze Paint Corporation; True Value Company Warnings and reformulation $36,000.00 $2,500.00 $21,782.00 $11,718.00 $820,000.00 $81,500.00 $192,782.00 $545,718.00 As You Sow Totals 6 Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. To As You Sow to further their goal of reducing toxics Page 2 of 37 Injunctive Relief Total Settlement Civil Penalty Date Plaintiff Defendant 1/10/2008 Brimer, Russell McLaughlin Supermarket Warning or reformulation $10,000.00 $1,000.00 $9,000.00 $0.00 1/11/2008 Brimer, Russell Solo Cup Company; Solo Cup Operating Corporation Warning or reformulation $21,000.00 $1,000.00 $20,000.00 $0.00 2/20/2008 Brimer, Russell DFI (San Jose), Inc. Warning or reformulation $28,000.00 $5,000.00 $23,000.00 $0.00 3/7/2008 Brimer, Russell EVGA Corporation; EVGA.com Corporation Warning or reformulation $33,000.00 $8,000.00 $25,000.00 $0.00 3/27/2008 Brimer, Russell Arctic Circle Warnings and reformulation $30,000.00 $5,500.00 $24,500.00 4/4/2008 Brimer, Russell Martin & Weyrich Winery, LLC Warning or reformulation $16,000.00 $1,000.00 $15,000.00 $0.00 5/5/2008 Brimer, Russell Wing Hop Fung Ginseng Warning or reformulation $49,309.96 $5,000.00 $44,309.96 $0.00 5/13/2008 Brimer, Russell U.S. Trading Company Warning or reformulation $13,000.00 $500.00 $12,500.00 $0.00 5/14/2008 Brimer, Russell Tyan Computer Company Warning or reformulation $33,000.00 $8,000.00 $25,000.00 $0.00 6/30/2008 Brimer, Russell Fiesta Food Warehouse, LLC; Fiesta Mexicana Market, LP $36,000.00 $4,500.00 $31,500.00 $0.00 Warning or reformulation Attorney Fees Costs Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Other Distribution Explanantion of Other Distribution Page 3 of 37 Date Plaintiff 8/5/2008 Brimer, Russell 12/29/2008 Brimer, Russell Brimer, Russell Defendant Injunctive Relief Total Settlement Civil Penalty Attorney Fees Costs Delivery Agent Warning or reformulation $37,000.00 $5,000.00 $32,000.00 Golden Orchid, Ltd. Warnings and reformulation $19,600.00 $1,600.00 $18,000.00 $325,909.96 $46,100.00 $279,809.96 Totals 12 Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Other Distribution Explanantion of Other Distribution $0.00 $0.00 Page 4 of 37 Defendant 3/14/2008 Buckland, Katherine; California Women's Law Center iHerb, Inc. Warning or reformulation $4,250.00 3/18/2008 Buckland, Katherine; California Women's Law Center Z-Labs, LLC Warning $1,000.00 Buckland, Katherine; California Women's Law Center Totals Injunctive Relief Total Settlement Date Plaintiff 2 $5,250.00 Civil Penalty $0.00 $0.00 Attorney Fees Costs $1,912.50 $1,912.50 Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Other Distribution Explanantion of Other Distribution $2,337.50 California Women's Law Center $1,000.00 To California Women's Law Center $3,337.50 Page 5 of 37 Injunctive Relief Total Settlement Civil Penalty Attorney Fees Costs Explanantion of Other Distribution Date Plaintiff Defendant 2/15/2008 Center for Environmental Health Coldwater Creek, Inc. Reformulation $125,000.00 $1,000.00 $109,600.00 $14,400.00 Center for Environmental Health 2/26/2008 Center for Environmental Health Crown Crafts, Inc.; Hamco, Inc. Reformulation $47,500.00 $0.00 $31,500.00 $16,000.00 Center for Environmental Health 3/11/2008 Center for Environmental Health Almar Sales, et al Reformulation $1,315,000.00 $30,000.00 $866,300.00 $418,700.00 Center for Environmental Health 5/13/2008 Center for Environmental Health Fusion Accessories, Ltd. Reformulation $30,000.00 $20,000.00 $10,000.00 Center for Environmental Health 5/20/2008 Center for Environmental Health Ross Stores, Inc. Reformulation $17,500.00 $0.00 $12,000.00 $5,500.00 Center for Environmental Health 5/30/2008 Center for Environmental Health Ganz, Inc.; Ideal Stationers, Inc. Reformulation $100,000.00 $1,000.00 $66,700.00 $32,300.00 Center for Environmental Health 6/25/2008 Center for Environmental Health Livex Lighting Reformulation $16,000.00 $0.00 $10,750.00 $5,250.00 Center for Environmental Health 7/25/2008 Center for Environmental Health Ziskin & Associates, LLC Reformulation $33,000.00 $0.00 $23,000.00 $12,000.00 Center for Environmental Health 8/1/2008 Center for Environmental Health Barcelino International Corporation, et al Reformulation $195,000.00 $7,800.00 $128,300.00 $58,900.00 Center for Environmental Health Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Other Distribution Page 6 of 37 Date Plaintiff Defendant Injunctive Relief Total Settlement Civil Penalty Attorney Fees Costs Other Distribution Explanantion of Other Distribution 8/1/2008 Center for Environmental Health Gaming Partners International Reformulation $575,000.00 $20,000.00 $382,500.00 $172,500.00 Center for Environmental Health 8/20/2008 Center for Environmental Health Chrysler, LLC Reformulation $32,650.00 $0.00 $27,500.00 $5,150.00 Center for Environmental Health 8/20/2008 Center for Environmental Health Plombco, Inc. Reformulation $35,000.00 $0.00 $23,000.00 $12,000.00 Center for Environmental Health 8/20/2008 Center for Environmental Health Hennessy Industries, Inc.; Perfect Equipment, Inc. Reformulation $300,000.00 $20,000.00 $180,000.00 $100,000.00 Center for Environmental Health 9/5/2008 Center for Environmental Health Actions Sports Image, LLC Reformulation $15,000.00 $0.00 $10,000.00 $5,000.00 Center for Environmental Health 9/9/2008 Center for Environmental Health CUNO Incorporated Reformulation $145,000.00 $5,000.00 $95,000.00 $45,000.00 Center for Environmental Health 9/15/2008 Center for Environmental Health Coghlan's Reformulation $26,000.00 $0.00 $17,500.00 $8,500.00 Center for Environmental Health 9/22/2008 Center for Environmental Health Wincraft Reformulation $100,000.00 $1,000.00 $66,700.00 $32,300.00 Center for Environmental Health 9/22/2008 Center for Environmental Health Aminco International (USA), Inc. Reformulation $100,000.00 $1,000.00 $66,700.00 $32,300.00 Center for Environmental Health Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Page 7 of 37 Injunctive Relief Total Settlement Civil Penalty Attorney Fees Costs Explanantion of Other Distribution Date Plaintiff Defendant 10/10/2008 Center for Environmental Health Maxell Corporation of America Reformulation $21,000.00 $0.00 $14,000.00 $7,000.00 Center for Environmental Health 10/26/2008 Center for Environmental Health TA Creations, Inc. Reformulation $125,000.00 $0.00 $83,750.00 $41,250.00 Center for Environmental Health 10/29/2008 Center for Environmental Health Vaxcel International Co., Ltd. Reformulation $16,000.00 $0.00 $10,750.00 $5,250.00 Center for Environmental Health 10/29/2008 Center for Environmental Health Minka Lighting, Inc. Reformulation $30,000.00 $0.00 $20,250.00 $9,750.00 Center for Environmental Health 11/18/2008 Center for Environmental Health Wilton Industries, Inc. Reformulation $15,000.00 $0.00 $10,000.00 $5,000.00 Center for Environmental Health 11/18/2008 Center for Environmental Health Airport Concessions Calfiornia, LLC Reformulation $20,000.00 $0.00 $13,500.00 $6,500.00 Center for Environmental Health 12/11/2008 Center for Environmental Health JJI International, Inc. Reformulation $35,000.00 $1,000.00 $22,200.00 $11,800.00 Center for Environmental Health 12/11/2008 Center for Environmental Health Estee Lauder, Inc. Reformulation $80,000.00 $1,000.00 $52,800.00 $26,200.00 Center for Environmental Health 12/11/2008 Center for Environmental Health Skaffles LLC Reformulation $10,000.00 $400.00 $6,600.00 $3,000.00 Center for Environmental Health Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Other Distribution Page 8 of 37 Injunctive Relief Total Settlement Date Plaintiff Defendant 12/11/2008 Center for Environmental Health Amscan, Inc.; PA Acquisition Corp. dba Party America; Party City Corporation Reformulation $120,000.00 12/11/2008 Center for Environmental Health Magla Products, LLC Reformulation 12/11/2008 Center for Environmental Health Ansell Healthcare Products, LLC; Ansell Healthcare Products, Inc. 12/11/2008 Center for Environmental Health Civil Penalty Attorney Fees Costs Other Distribution Explanantion of Other Distribution $78,900.00 $38,100.00 Center for Environmental Health $45,000.00 $30,250.00 $14,750.00 Center for Environmental Health Reformulation $65,000.00 $44,000.00 $21,000.00 Center for Environmental Health EcoWater Systems, LLC; Everpure, LLC; General Electric Company; KX Technologies, LLC; Pentair Residential Filtration, LLC Reformulation $725,000.00 $25,000.00 $475,000.00 $225,000.00 Center for Environmental Health 12/11/2008 Center for Environmental Health Creative Visions, Inc dba Country Clutter Reformulation $15,000.00 $600.00 $9,800.00 $4,600.00 Center for Environmental Health 12/11/2008 Center for Environmental Health Save Mart Supermarkets Reformulation $45,000.00 $1,000.00 $29,500.00 $14,500.00 Center for Environmental Health 12/17/2008 Center for Environmental Health Sakar International Reformulation $19,500.00 $0.00 $13,500.00 $6,000.00 Center for Environmental Health $3,000.00 Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Page 9 of 37 Defendant 12/23/2008 Center for Environmental Health Alexx, Inc. Reformulation $65,000.00 12/26/2008 Center for Environmental Health Griffin International Companies Reformulation $21,000.00 12/30/2008 Center for Environmental Health EastSport, Inc. Reformulation $12,500.00 Center for Environmental Health Totals Injunctive Relief Total Settlement Date Plaintiff 37 $4,692,650.00 Civil Penalty Attorney Fees Costs Other Distribution Explanantion of Other Distribution $42,750.00 $21,250.00 Center for Environmental Health $15,000.00 $6,000.00 Center for Environmental Health $0.00 $8,300.00 $4,200.00 Center for Environmental Health $119,800.00 $3,117,900.00 $1,456,950.00 $1,000.00 Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Page 10 of 37 Date Plaintiff 4/1/2008 Center for SelfImprovement Center for Self-Improvement Defendant Lennar, et al Totals Injunctive Relief Total Settlement $0.00 Dismissed 1 $0.00 Civil Penalty Attorney Fees Costs Other Distribution $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Explanantion of Other Distribution Page 11 of 37 Date Plaintiff Defendant 9/22/2008 Communities for A Better Environment; Environmental Law Foundation; Our Children's Earth Foundation Laidlaw Transit, Inc. Communities for A Better Environment; Environmental Law Foundation; Our Children's Earth Foundation Totals Injunctive Relief Warnings and bus retrofit 1 Total Settlement Civil Penalty Attorney Fees Costs $6,600,000.00 6,600,000.00 $6,600,000.00 $6,600,000.00 Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Other Distribution Explanantion of Other Distribution Projected bus retrofit expenditures between $4.7 and $28.3 million over 7 years Page 12 of 37 Date Plaintiff Defendant Injunctive Relief Total Settlement Civil Penalty Attorney Fees Costs Other Distribution Explanantion of Other Distribution 1/7/2008 Consumer Advocacy Group Built-Rite Construction, Inc. Warning $15,000.00 $0.00 $14,000.00 $1,000.00 Consumer Advocacy Group 1/24/2008 Consumer Advocacy Group C-West Roofing Company, Inc. Warning $5,000.00 $0.00 $4,500.00 $500.00 Consumer Advocacy Group 1/25/2008 Consumer Advocacy Group Los Gatos Old Towne Roofing, Inc. Warning $15,000.00 $0.00 $14,500.00 $500.00 Consumer Advocacy Group 1/28/2008 Consumer Advocacy Group C.R.C. Roofing, Inc. Warning $15,000.00 $0.00 $14,500.00 $500.00 Consumer Advocacy Group 1/28/2008 Consumer Advocacy Group Western States Roof Systems, Inc. Warning $15,000.00 $0.00 $14,500.00 $500.00 Consumer Advocacy Group 1/29/2008 Consumer Advocacy Group Priority Roofing, Inc. Warning $15,000.00 $0.00 $14,000.00 $1,000.00 Consumer Advocacy Group 1/29/2008 Consumer Advocacy Group A-1 All American Roofing Company, Inc. Warning $15,000.00 $0.00 $14,500.00 $500.00 Consumer Advocacy Group 1/31/2008 Consumer Advocacy Group Alves, Inc. Warning $5,000.00 $0.00 $4,500.00 $500.00 Consumer Advocacy Group 2/8/2008 Consumer Advocacy Group Petersen-Dean Commercial, Inc. Warning $15,000.00 $0.00 $14,500.00 $500.00 Consumer Advocacy Group Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Page 13 of 37 Injunctive Relief Total Settlement Civil Penalty Attorney Fees Costs Explanantion of Other Distribution Date Plaintiff Defendant 2/15/2008 Consumer Advocacy Group Aikele Construction, Inc. Warning $5,000.00 $0.00 $4,500.00 $500.00 3/5/2008 Consumer Advocacy Group Hilton Corporation, et al Warning $50,000.00 $0.00 $50,000.00 $0.00 3/6/2008 Consumer Advocacy Group Alternative Roofing Solutions, Inc. Warning $10,000.00 $0.00 $9,000.00 $1,000.00 Consumer Advocacy Group 3/12/2008 Consumer Advocacy Group Mid-Peninsula Roofing, Inc. Warning $15,000.00 $0.00 $14,000.00 $1,000.00 Consumer Advocacy Group 3/14/2008 Consumer Advocacy Group Ezon, Inc. Warning $52,500.00 $0.00 $46,500.00 $6,000.00 Consumer Advocacy Group 3/20/2008 Consumer Advocacy Group Pacifica Host, Inc. Warning $50,000.00 $0.00 $50,000.00 $0.00 4/11/2008 Consumer Advocacy Group Modern Method Roofing Company Warning $15,000.00 $0.00 $14,500.00 $500.00 Consumer Advocacy Group 4/14/2008 Consumer Advocacy Group The ReRoofing Specialists Warning $10,000.00 $0.00 $9,500.00 $500.00 Consumer Advocacy Group 4/16/2008 Consumer Advocacy Group Archadel, Inc. Warning $15,000.00 $0.00 $14,500.00 $500.00 Consumer Advocacy Group Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Other Distribution Consumer Advocacy Group Page 14 of 37 Date Plaintiff Defendant Injunctive Relief Total Settlement Civil Penalty Attorney Fees Costs Other Distribution 5/9/2008 Consumer Advocacy Group Central Roofing Company Warning $15,500.00 $0.00 $15,000.00 $500.00 5/16/2008 Consumer Advocacy Group Patriot American Hospitality, Inc.; Wind International Warning $54,800.00 $0.00 $54,800.00 $0.00 5/16/2008 Consumer Advocacy Group Hilton Hotels Corporation Warning $166,250.00 $0.00 $166,250.00 $0.00 5/16/2008 Consumer Advocacy Group Pacifica Hotel Corporation Warning $30,600.00 $0.00 $30,600.00 $0.00 5/16/2008 Consumer Advocacy Group Eastman Roofing & Waterproofing, Inc. Warning $15,000.00 $0.00 $14,500.00 $500.00 5/16/2008 Consumer Advocacy Group La Quinta Corporation, et al Warning $50,600.00 $0.00 $50,600.00 $0.00 6/11/2008 Consumer Advocacy Group Ameri Tech Construction, Inc. Warning $18,000.00 $0.00 $17,500.00 $500.00 6/25/2008 Consumer Advocacy Group Starwood Hotels Warning $7,500.00 $0.00 $7,500.00 $0.00 6/27/2008 Consumer Advocacy Group Westin Hotels and Four Pints Hotel Warning $75,000.00 $0.00 $75,000.00 $0.00 Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Explanantion of Other Distribution Consumer Advocacy Group Consumer Advocacy Group Consumer Advocacy Group Page 15 of 37 Civil Penalty Defendant 7/11/2008 Consumer Advocacy Group Pool Corporation Warning $75,000.00 $0.00 $70,000.00 $5,000.00 9/5/2008 Consumer Advocacy Group Hotel Sofitel, et al Warning $75,000.00 $0.00 $75,000.00 $0.00 9/19/2008 Consumer Advocacy Group Beverly Hills Hotel Corporation, et al Warning $35,000.00 $0.00 $35,000.00 12/12/2008 Consumer Advocacy Group EMPI, Inc. Warnings $47,500.00 Consumer Advocacy Group Totals Injunctive Relief Total Settlement Date Plaintiff 31 $1,003,250.00 $0.00 Attorney Fees Costs Other Distribution $39,000.00 $8,500.00 $972,750.00 $30,500.00 Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Explanantion of Other Distribution Consumer Advocacy Group Consumer Advocacy Group Page 16 of 37 Date Plaintiff Defendant 1/25/2008 Consumer Defense Group California Hotel & Lodging Association Members, Etc. Consumer Defense Group Totals Injunctive Relief Warnings 1 Total Settlement Civil Penalty Attorney Fees Costs $199,000.00 $199,000.00 $199,000.00 $199,000.00 Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Other Distribution Explanantion of Other Distribution Page 17 of 37 Date Plaintiff 7/1/2008 Consumer Defense Group Action Consumer Defense Group Action Defendant Cannery Hamilton Properties, LLC; Chevron Corporation; ConocPhillips Company Totals Injunctive Relief Total Settlement $75,000.00 Warning 1 $75,000.00 Civil Penalty Attorney Fees Costs Other Distribution $0.00 $75,000.00 $0.00 $0.00 $75,000.00 $0.00 Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Explanantion of Other Distribution Page 18 of 37 Civil Penalty Defendant 3/24/2008 DiPirro, Michael Dell, Inc.; Gateway, Inc.;Genica Corporation; Hewlett Packard, Inc. Reformulation $265,000.00 $100,000.00 $165,000.00 6/17/2008 DiPirro, Michael ASUS Computer International Warnings and reformulation $28,000.00 $5,000.00 $23,000.00 10/8/2008 DiPirro, Michael Elitegroup Computer Systems, et al Warnings and reformulation $35,000.00 $7,000.00 $28,000.00 10/31/2008 DiPirro, Michael NEC Corporation of America Warnings and reformulation $25,000.00 $2,000.00 $23,000.00 12/16/2008 DiPirro, Michael Advanced Micro Devices, Inc. Reformulation and warnings $37,000.00 $8,000.00 $29,000.00 12/16/2008 DiPirro, Michael Applied Microcircuits Corporation Reformulation and warnings $55,000.00 $15,000.00 $40,000.00 $445,000.00 $137,000.00 $308,000.00 DiPirro, Michael Totals Injunctive Relief Total Settlement Date Plaintiff 6 Attorney Fees Costs Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Other Distribution Explanantion of Other Distribution $0.00 $0.00 $0.00 Page 19 of 37 Date Plaintiff Defendant Injunctive Relief Total Settlement Civil Penalty Attorney Fees Costs 4/8/2008 Held, Anthony E., Ph.D. Good Stuff, LLC Warnings and reformulation $31,000.00 $8,000.00 $23,000.00 7/2/2008 Held, Anthony E., Ph.D. The Gerson Company Warnings and reformulation $44,000.00 $7,200.00 $36,800.00 7/23/2008 Held, Anthony E., Ph.D. Bangkit (U.S.A.), Inc. Warnings and reformulation $25,000.00 $2,000.00 $23,000.00 8/4/2008 Held, Anthony E., Ph.D. Darice, Inc. Warnings and reformulation $35,000.00 $9,000.00 $26,000.00 8/6/2008 Held, Anthony E., Ph.D. Regent Baby Products Corporation Warnings and reformulation $38,000.00 $11,000.00 $27,000.00 8/18/2008 Held, Anthony E., Ph.D. Franklin Sports, Inc. Warnings and reformulation $32,000.00 $8,000.00 $24,000.00 8/20/2008 Held, Anthony E., Ph.D. Peachtree Playthings Warnings and reformulation $22,000.00 $2,400.00 $19,600.00 8/26/2008 Held, Anthony E., Ph.D. Cost Plus, Inc. Warnings and reformulation $25,000.00 $2,000.00 $23,000.00 9/5/2008 Held, Anthony E., Ph.D. Smith News Company, Inc., et al Warnings and reformulation $37,500.00 $10,000.00 $27,500.00 Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Other Distribution Explanantion of Other Distribution Page 20 of 37 Injunctive Relief Total Settlement Civil Penalty Date Plaintiff Defendant Attorney Fees Costs 9/17/2008 Held, Anthony E., Ph.D. M.Z. Berger & Company, Inc. Warnings and reformulation $37,000.00 $8,000.00 $29,000.00 9/17/2008 Held, Anthony E., Ph.D. Unique Industries, Inc. Warnings and reformulation $32,500.00 $3,500.00 $29,000.00 9/17/2008 Held, Anthony E., Ph.D. Saramax Apparel Group Warnings and reformulation $55,000.00 $16,000.00 $39,000.00 9/30/2008 Held, Anthony E., Ph.D. Advance Watch Company, Ltd. Warnings and reformulation $40,250.00 $8,000.00 $32,250.00 10/3/2008 Held, Anthony E., Ph.D. 99 Cent Only Stores Warnings and reformulation $63,000.00 $15,000.00 $48,000.00 10/6/2008 Held, Anthony E., Ph.D. Melissa & Doug LLC, et al Warnings and reformulation $24,000.00 $2,000.00 $22,000.00 10/17/2008 Held, Anthony E., Ph.D. Westminster, Inc., et al Warnings and reformulation $15,000.00 $1,000.00 $14,000.00 10/27/2008 Held, Anthony E., Ph.D. U.S. Toy Co., Inc. Warnings and reformulation $41,000.00 $12,000.00 $29,000.00 10/27/2008 Held, Anthony E., Ph.D. Ball, Bounce & Sport, Inc., et al Warnings and reformulation $48,000.00 $17,000.00 $31,000.00 Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Other Distribution Explanantion of Other Distribution Page 21 of 37 Injunctive Relief Total Settlement Civil Penalty Date Plaintiff Defendant Attorney Fees Costs 10/27/2008 Held, Anthony E., Ph.D. Kingsbridge International Warnings and reformulation $35,000.00 $6,000.00 $29,000.00 10/27/2008 Held, Anthony E., Ph.D. K2 Licensed Products, Inc. Warnings and reformulation $57,000.00 $22,000.00 $35,000.00 11/14/2008 Held, Anthony E., Ph.D. Supervalu, Inc. Warnings and reformulation $28,000.00 $3,000.00 $25,000.00 11/18/2008 Held, Anthony E., Ph.D. Lakeshore Equipment Company, et al Warnings and reformulation $38,000.00 $11,000.00 $27,000.00 11/20/2008 Held, Anthony E., Ph.D. Enor Corporation Warnings and reformulation $31,000.00 $7,000.00 $24,000.00 12/19/2008 Held, Anthony E., Ph.D. Clicks Worldwide, LLC Reformulation and warnings $68,000.00 $14,000.00 $54,000.00 12/19/2008 Held, Anthony E., Ph.D. OKK Trading, Inc. Reformulation and warnings $44,500.00 $7,500.00 $37,000.00 12/23/2008 Held, Anthony E., Ph.D. Drybranch, Inc. Warnings and reformulation $31,000.00 $6,000.00 $25,000.00 12/23/2008 Held, Anthony E., Ph.D. Aqua Leisure Industries, Inc. Reformulation and warnings $38,000.00 $9,000.00 $29,000.00 Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Other Distribution Explanantion of Other Distribution Page 22 of 37 Injunctive Relief Total Settlement Dollar Tree Distribution, Inc.; Dollar Tree Merchandising; Green Brier International, Inc. Reformulation and warnings $87,000.00 $30,000.00 $57,000.00 12/29/2008 Held, Anthony E., Ph.D. Florida Pool Products, Inc. Warnings and reformulation $38,000.00 $10,000.00 $28,000.00 12/29/2008 Held, Anthony E., Ph.D. Michaels Stores Warnings and reformulation $22,000.00 $4,000.00 $18,000.00 12/30/2008 Held, Anthony E., Ph.D. Ja-Ru, Inc. Warnings and reformulation $10,500.00 $500.00 $10,000.00 $272,100.00 $901,150.00 Date Plaintiff Defendant 12/23/2008 Held, Anthony E., Ph.D. Held, Anthony E., Ph.D. Totals 31 $1,173,250.00 Civil Penalty Attorney Fees Costs Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Other Distribution Explanantion of Other Distribution Page 23 of 37 Date Plaintiff Defendant Injunctive Relief Total Settlement Civil Penalty Attorney Fees Costs 1/9/2008 Leeman, Whitney R., Ph.D. Turner Broadcasting Corporation Warnings and reformulation $16,500.00 $1,500.00 $15,000.00 1/10/2008 Leeman, Whitney R., Ph.D. Ross Stores, Inc. Warnings and reformulation $18,000.00 $0.00 $18,000.00 1/16/2008 Leeman, Whitney R., Ph.D. Perfumania, Inc. Warnings and reformulation $19,500.00 $2,000.00 $17,500.00 2/29/2008 Leeman, Whitney R., Ph.D. Texas Turkeys, Inc. dba Armadillo Willy's Warnings and reformulation $37,344.48 $12,000.00 $25,344.48 4/29/2008 Leeman, Whitney R., Ph.D. Rich On, Inc. Warnings and reformulation $43,900.00 $7,000.00 $36,900.00 4/29/2008 Leeman, Whitney R., Ph.D. Imperial Toy Corporation Warnings and reformulation $37,500.00 $4,000.00 $33,500.00 4/29/2008 Leeman, Whitney R., Ph.D. Cheesecake Factory Warnings and reformulation $40,000.00 $2,500.00 $37,500.00 9/18/2008 Leeman, Whitney R., Ph.D. Legoland California, LLC Warnings and reformulation $43,500.00 $12,500.00 $31,000.00 9/26/2008 Leeman, Whitney R., Ph.D. Barney's Restaurant, et al Warnings $50,000.00 $25,000.00 $25,000.00 Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Other Distribution Explanantion of Other Distribution Page 24 of 37 Date Plaintiff Defendant 10/6/2008 Leeman, Whitney R., Ph.D. Universal City Studios LLLP dba Universal Studios Leeman, Whitney R., Ph.D. Totals Injunctive Relief Warnings and reformulation 10 Total Settlement Civil Penalty Attorney Fees Costs $60,000.00 $32,000.00 $28,000.00 $366,244.48 $98,500.00 $267,744.48 Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Other Distribution Explanantion of Other Distribution Page 25 of 37 Date Plaintiff Defendant Injunctive Relief Total Settlement Civil Penalty Attorney Fees Costs Other Distribution Explanantion of Other Distribution 1/3/2008 Mateel Environmental Master Lock Company Justice Foundation Warnings and reformulation $30,000.00 $0.00 $20,000.00 $10,000.00 Ecological Rights Foundation 1/14/2008 Mateel Environmental Kenneth Cole Justice Foundation Productions, Inc. Warnings and reformulation $40,000.00 $0.00 $20,000.00 $20,000.00 Ecological Rights Foundation 1/22/2008 Mateel Environmental Daron Fashions, Inc. Justice Foundation Warnings and reformulation $40,000.00 $0.00 $20,000.00 $20,000.00 Ecological Rights Foundation, Californians Against Toxics 1/22/2008 Mateel Environmental Weber-Stephens Justice Foundation Products Company Warnings and reformulation $35,000.00 $0.00 $20,000.00 $15,000.00 Ecological Rights Foundation, Californians Against Toxics 1/23/2008 Mateel Environmental Thermadyne Industries, Justice Foundation Inc. Warnings and reformulation $35,000.00 $0.00 $20,000.00 $15,000.00 Ecological Rights Foundation, Californians Against Toxics 2/15/2008 Mateel Environmental Crosman Corporation Justice Foundation Warnings and reformulation $40,000.00 $0.00 $20,000.00 $20,000.00 Ecological Rights Foundation, Californians Against Toxics 2/19/2008 Mateel Environmental Orchard Supply Justice Foundation Hardware Corporation; Sears, Roebuck & Company Warnings and reformulation $40,000.00 $0.00 $20,000.00 $20,000.00 Ecological Rights Foundation, Californians Against Toxics Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Page 26 of 37 Date Plaintiff Defendant Injunctive Relief Total Settlement Civil Penalty Attorney Fees Costs Other Distribution Explanantion of Other Distribution 2/19/2008 Mateel Environmental Home Depot U.S.A., Inc. Justice Foundation Warnings and reformulation $50,000.00 $0.00 $35,000.00 $15,000.00 KPFA Radio 3/3/2008 Mateel Environmental Ascaso Factory, SL Justice Foundation Warnings and reformulation $75,000.00 $15,000.00 $40,000.00 $20,000.00 Ecological Rights Foundation, Californians Against Toxics 3/3/2008 Mateel Environmental Westport Corporation Justice Foundation Warnings and reformulation $21,000.00 $0.00 $16,000.00 $5,000.00 Ecological Rights Foundation 3/25/2008 Mateel Environmental ABG Accessories Justice Foundation Warnings and reformulation $20,000.00 $0.00 $15,000.00 $5,000.00 Californians Against Toxics 3/26/2008 Mateel Environmental Pennzoil-Quaker State Justice Foundation Company Warnings and reformulation $35,000.00 $0.00 $20,000.00 $15,000.00 Ecological Rights Foundation, Californians Against Toxics 3/26/2008 Mateel Environmental Bell Foundry Company Justice Foundation Warnings and reformulation $40,000.00 $0.00 $20,000.00 $20,000.00 Ecological Rights Foundation, Alameda Lead Prevention Program 4/1/2008 Mateel Environmental Coghlan's LTD Justice Foundation Warnings and reformulation $39,000.00 $2,000.00 $20,000.00 $17,000.00 Ecological Rights Foundation, Californians Against Toxics 4/2/2008 Mateel Environmental Pro Specialties Group, Justice Foundation Inc. Warnings and reformulation $40,000.00 $2,000.00 $20,000.00 $18,000.00 Environment Protection and Information Center Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Page 27 of 37 Date Plaintiff Defendant Injunctive Relief Total Settlement Civil Penalty Attorney Fees Costs Other Distribution Explanantion of Other Distribution 4/2/2008 Mateel Environmental Federated Department Justice Foundation Stores; Macy's Department Stores, Inc. Warnings and reformulation $35,000.00 $0.00 $20,000.00 $15,000.00 4/2/2008 Mateel Environmental Smart Innovations, Inc. Justice Foundation Warnings and reformulation $20,000.00 $0.00 $14,000.00 $6,000.00 4/28/2008 Mateel Environmental Quicksilver, Inc. Justice Foundation Warnings and reformulation $40,000.00 $0.00 $20,000.00 $20,000.00 Ecological Rights Foundation, Californians Against Toxics 5/1/2008 Mateel Environmental Forney Industries, Inc. Justice Foundation Warnings and reformulation $35,000.00 $0.00 $20,000.00 $15,000.00 Ecological Rights Foundation 5/19/2008 Mateel Environmental The Container Store Justice Foundation Warnings and reformulation $30,600.00 $15,600.00 $15,000.00 5/19/2008 Mateel Environmental Smith & Hawken Ltd Justice Foundation Warnings and reformulation $24,700.00 $7,350.00 $15,000.00 $2,350.00 Ecological Rights Foundation 5/21/2008 Mateel Environmental Illy Caffe North America, Justice Foundation Inc. Warnings and reformulation $75,000.00 $15,000.00 $40,000.00 $20,000.00 Ecological Rights Foundation, Californians Against Toxics 7/15/2008 Mateel Environmental Target Corporation Justice Foundation Warnings and reformulation $35,000.00 $0.00 $20,000.00 $15,000.00 Ecological Rights Foundation, Californians Against Toxics Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Ecological Rights Foundation, Californians Against Toxics KPFA Radio Page 28 of 37 Date Plaintiff Defendant Injunctive Relief Total Settlement Civil Penalty Attorney Fees Costs Other Distribution Explanantion of Other Distribution 7/15/2008 Mateel Environmental Staub S.A. Justice Foundation Warnings and reformulation $30,000.00 $0.00 $20,000.00 $10,000.00 Ecological Rights Foundation, Californians Against Toxics 7/17/2008 Mateel Environmental The Stanely Works Justice Foundation Warnings and reformulation $35,000.00 $0.00 $20,000.00 $15,000.00 Ecological Rights Foundation, Californians Against Toxics 8/5/2008 Mateel Environmental Winner International Justice Foundation Warnings and reformulation $20,000.00 $0.00 $15,000.00 $5,000.00 8/14/2008 Mateel Environmental U-Haul Company of Justice Foundation California Warnings and reformulation $35,000.00 $0.00 $15,000.00 $20,000.00 Ecological Rights Foundation, Californians Against Toxics 8/26/2008 Mateel Environmental Wear Me Apparel Justice Foundation Corporation Warnings and reformulation $35,000.00 $0.00 $20,000.00 $15,000.00 Ecological Rights Foundation 8/29/2008 Mateel Environmental Cost Plus, Inc. Justice Foundation Warnings and reformulation $275,000.00 $15,000.00 $200,000.00 $60,000.00 Ecological Rights Foundation, Californians Against Toxics and KPFA Radio 9/3/2008 Mateel Environmental 99 Cent Only Stores Justice Foundation Warnings and reformulation $37,500.00 $2,500.00 $20,000.00 $15,000.00 EPIC and KPFA Radio Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Ecological Rights Foundation Page 29 of 37 Date Plaintiff Defendant Injunctive Relief Total Settlement Civil Penalty Attorney Fees Costs Other Distribution Explanantion of Other Distribution 9/30/2008 Mateel Environmental Rancillio Macchine Per Justice Foundation Caffe SpA; Rancillio North America, Inc. Warnings and reformulation $75,000.00 $15,000.00 $40,000.00 $20,000.00 Center on Race, Poverty and the Environment 9/30/2008 Mateel Environmental Black & Decker (U.S.), Justice Foundation Inc. Warnings and reformulation $25,000.00 $0.00 $15,000.00 $10,000.00 Beginnings, Inc. 10/9/2008 Mateel Environmental Global Amici, Inc.; Sur La Justice Foundation Table, Inc. Warnings and reformulation $80,000.00 $5,000.00 $50,000.00 $25,000.00 Ecological Rights Foundation, Californians Against Toxics 10/15/2008 Mateel Environmental Williams-Sonoma, Inc. Justice Foundation Warnings and reformulation $35,000.00 $0.00 $25,000.00 $10,000.00 Ecological Rights Foundation, Californians Against Toxics 10/15/2008 Mateel Environmental Salton,Inc. Justice Foundation Warnings and reformulation $37,500.00 $0.00 $25,000.00 $12,500.00 Center on Race, Poverty and the Environment 10/22/2008 Mateel Environmental Camco Manufacturing, Justice Foundation Inc. Warnings and reformulation $40,000.00 $1,000.00 $25,000.00 $14,000.00 Ecological Rights Foundation 10/31/2008 Mateel Environmental Nuova Simonelli SpA Justice Foundation Warnings and reformulation $75,000.00 $0.00 $40,000.00 $35,000.00 KPFA Radio 12/4/2008 Mateel Environmental Chapin International Justice Foundation Warnings and reformulation $30,000.00 $0.00 $20,000.00 $10,000.00 Ecological Rights Foundation Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Page 30 of 37 Date Plaintiff Defendant 12/5/2008 Mateel Environmental Briggs & Stratton Justice Foundation Mateel Environmental Justice Foundation Totals Injunctive Relief Total Settlement Reformulation and warnings $35,000.00 39 $1,775,300.00 Civil Penalty Attorney Fees Costs Other Distribution $0.00 $20,000.00 $15,000.00 $95,450.00 $1,060,000.00 $619,850.00 Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Explanantion of Other Distribution Ecological Rights Foundation, Californians Against Toxics Page 31 of 37 Date Plaintiff Defendant Injunctive Relief Total Settlement Civil Penalty Attorney Fees Costs Other Distribution Explanantion of Other Distribution 2/1/2008 Office of the Attorney General Procter & Gamble Warnings and reductions Distributing and Manufacturing Companies $750,000.00 $500,000.00 $0.00 $250,000.00 To Prop 65 Enforcement Fund 4/23/2008 Office of the Attorney General Nutraceutical Corporation, et al Warnings $100,000.00 $65,000.00 $0.00 $35,000.00 $5,000 to Prop 65 Fund; $30,000 to Carrick Law Firm 7/22/2008 Office of the Attorney General Heinz Company, LP Warnings and reductions $600,000.00 $500,000.00 $0.00 $100,000.00 To Prop 65 Enforcement Fund 8/1/2008 Office of the Attorney General Frito-Lay, Inc. Warnings and reductions $950,000.00 $600,000.00 $0.00 $350,000.00 To Prop 65 Enforcement Fund 8/1/2008 Office of the Attorney General Kettle Foods, Inc. Warnings and reductions $350,000.00 $250,000.00 $0.00 $100,000.00 To Prop 65 Enforcement Fund 8/1/2008 Office of the Attorney General Lance, Inc. Warnings and reductions $95,000.00 $47,500.00 $0.00 $47,500.00 To Prop 65 Enforcement Fund 12/15/2008 Office of the Attorney General Nutribiotic Warnings and reformulation $2,500.00 $1,250.00 $0.00 $1,250.00 12/15/2008 Office of the Attorney General Beaumont Products, Inc. Reformulation $0.00 $0.00 $0.00 12/15/2008 Office of the Attorney General Planet, Inc. Warnings and reformulation $7,500.00 $0.00 $7,500.00 $0.00 $15,000.00 Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Carrick Law Firm for costs Carrick Law Firm for costs Page 32 of 37 Date Plaintiff Defendant 12/15/2008 Office of the Attorney General Avalon Natural Products, Inc. Office of the Attorney General Totals Injunctive Relief Warnings and reformulation 10 Total Settlement $5,000.00 $2,867,500.00 Civil Penalty Attorney Fees Costs Other Distribution $2,500.00 $0.00 $2,500.00 $1,973,750.00 $0.00 $893,750.00 Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Explanantion of Other Distribution Carrick Law Firm for costs Page 33 of 37 Civil Penalty Defendant 4/29/2008 Office of the Attorney General/Los Angeles City Attorney Coca-Cola Company Reformulation $2,075,000.00 1,250,000.00 $200,000.00 $625,000.00 12/31/2008 Office of the Attorney General/Los Angeles City Attorney Mattel, Inc., et al Reformulation $1,790,726.00 $548,500.00 $230,726.00 1,011,500.00 $3,865,726.00 $1,798,500.00 $430,726.00 $1,636,500.00 Office of the Attorney General/Los Angeles City Attorney Totals Injunctive Relief Total Settlement Date Plaintiff 2 Attorney Fees Costs Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Other Distribution Explanantion of Other Distribution To PHI for testing and outreach ($551,727); to AGO for Prop 65 Enforcement Fund ($275,864); to LA City Attorney for Prop 65 enforcement ($183,909) Page 34 of 37 Date Plaintiff Defendant 9/26/2008 Sowinski, Richard, DC Imperial Commercial Cooking Equipment Sowinski, Richard, DC Totals Injunctive Relief Total Settlement $10,000.00 Warnings 1 $10,000.00 Civil Penalty Attorney Fees Costs $0.00 $10,000.00 $0.00 $10,000.00 Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Other Distribution Explanantion of Other Distribution Page 35 of 37 Civil Penalty Defendant 2/20/2008 Te'o, Jaime Trudeau Corporation Warnings and reformulation $20,250.00 $1,000.00 $19,250.00 10/7/2008 Te'o, Jaime Jaton Corporation Warnings and reformulation $21,500.00 $2,000.00 $19,500.00 10/8/2008 Te'o, Jaime eCost.com Warnings and reformulation $21,000.00 $1,000.00 $20,000.00 11/26/2008 Te'o, Jaime CP Technologies Warnings and reformulation $35,000.00 $6,000.00 $29,000.00 $10,000.00 $87,750.00 Te'o, Jaime Totals Injunctive Relief Total Settlement Date Plaintiff 4 $97,750.00 Attorney Fees Costs Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Other Distribution Explanantion of Other Distribution Page 36 of 37 Date Plaintiff Grand Total Defendant 199 Injunctive Relief Total Settlement $24,537,330.44 Civil Penalty Attorney Fees Costs $4,632,700.00 $14,607,964.94 Settlements generally include injunctive relief benefitting the public, such as product reformulation, emission reduction, or warnings. This injunctive relief often is complex, cannot be presented in a summary form, and requires reference to actual settlement documents to accurately assess. This report should not be used by itself to evaluate Proposition 65 settlements. Other Distribution Explanantion of Other Distribution $5,298,665.50 Page 37 of 37