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Proposition 65 Settlement Summary 2006 No. of
Proposition 65 Settlement Summary 2006 Plaintiff No. of Settlements Total Settlements Injunctive Relief Included Civil Penalty % of Total Attorney Fees & Costs % of Total Other % of Total CALIFORNIA SPORTFISHING PROTECTION ALLIANCE CALIFORNIA WOMEN'S LAW CENTER CENTER FOR ENVIRONMENTAL HEALTH COMMUNITIES FOR A BETTER ENVIRONMENT ECOLOGICAL RIGHTS FOUNDATION ENVIRONMENTAL LAW FOUNDATION MATEEL ENVIRONMENTAL LAW FOUNDATION WHITNEY LEEMAN, Ph.D. RUSSELL BRIMER 1 4 22 1 2 6 23 2 32 $452,500.00 $49,225.00 $684,000.00 $5,000.00 $90,500.00 $236,000.00 $952,500.00 $155,000.00 $1,466,590.00 1 4 22 1 2 6 23 2 32 $0.00 $5,000.00 $5,000.00 $0.00 $0.00 $0.00 $0.00 $101,000.00 $425,850.00 0.00% 10.16% 0.73% 0.00% 0.00% 0.00% 0.00% 65.16% 29.04% $275,000.00 $0.00 $469,119.00 $5,000.00 $40,000.00 $236,000.00 $513,750.00 $54,000.00 $1,040,740.00 60.77% 0.00% 68.58% 100.00% 44.20% 100.00% 53.94% 34.84% 70.96% $177,500.00 $44,225.00 $209,881.00 $0.00 $50,500.00 $0.00 $438,750.00 $0.00 $0.00 39.23% 89.84% 30.68% 0.00% 55.80% 0.00% 46.06% 0.00% 0.00% BRIMER v. BOELTER OPT-INS 2006 102 $4,442,750.00 102 $1,345,000.00 30.27% $3,097,750.00 69.73% $0.00 0.00% Subtotal 195 $8,534,065.00 196 $1,881,850.00 22.05% $5,731,359.00 67.16% $920,856.00 10.79% 2 $1,900,000.00 2 $100,000.00 5.26% $1,299,100.00 68.37% $500,900.00 26.36% 1 $2,225,000.00 1 $1,000,000.00 44.94% $725,000.00 32.58% $500,000.00 22.47% 1 $954,000.00 1 $100,000.00 10.48% $475,000.00 49.79% $379,000.00 39.73% $3,081,850.00 22.64% $8,230,459.00 60.46% $2,300,756.00 16.90% Joint - OFFICE OF THE ATTORNEY GENERAL; CENTER FOR ENVIRONMENTAL HEALTH Joint - OFFICE OF THE ATTORNEY GENERAL; LOS ANGELES DISTRICT ATTORNEY Joint - OFFICE OF THE ATTORNEY GENERAL; ALAMEDA AND LOS ANGELES DISTRICT ATTORNEYS Grand Total 199 $13,613,065.00 200 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. 6/7/2007 8:27 PM Proposition 65 Settlement Summary 2000-2006 Plaintiff AMERICAN ENVIRONMENTAL SAFETY INST. AS YOU SOW CALIFORNIA COMMUNITY HEALTH ADVOCATES CALIFORNIA SPORTFISHING PROTECTION ALLIANCE CALIFORNIA WOMEN'S LAW CENTER 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 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 SUBTOTAL OFFICE OF THE ATTORNEY GENERAL ATTORNEY GENERAL / PERRY GOTTESFELD ATTORNEY GENERAL / NRDC ATTORNEY GENERAL / MATEEL ATTORNEY GENERAL / CEH ATTORNEY GENERAL / LOS ANGELES DISTRICT ATTORNEY ATTORNEY GENERAL / ALAMEDA DISTRICT ATTORNEY/LOS ANGELES DISTRICT ATTORNEY SUBTOTAL CITY OF SAN JOSE/PAUL DOWHAL CITY & COUNTY OF S.F./ELF ELF/S.F. CITY ATTORNEY SAN JOAQUIN DISTRICT ATTORNEY SUBTOTAL GRAND TOTAL 6/7/2007 No. of Settlements 8 57 23 1 4 107 26 93 62 50 1 38 1 18 3 1 1 1 1 217 211 1 1 1 1 1 1 1 71 33 1 1 205 1242 Total Injunctive Settlements Relief Included $1,227,500.00 8 $4,377,803.00 56 $927,370.00 22 $452,500.00 1 $49,225.00 4 $5,568,550.00 100 $11,730,490.00 25 $2,503,398.00 93 $728,487.50 43 $2,539,591.50 42 $70,000.00 1 $950,750.00 36 $1,300,000.00 1 $1,894,000.00 18 $352,500.00 3 $9,250.00 0 $7,500.00 0 $900,000.00 1 $25,000.00 0 $9,604,250.00 218 $6,595,324.01 207 $15,500.00 1 $9,825.00 1 $230,000.00 0 $200,000.00 1 $27,500.00 1 $175,000.00 1 $54,800.00 1 $2,059,448.99 39 $3,307,475.00 33 $0.00 1 $0.00 1 $9,073,750.00 205 $66,966,788.00 1164 Civil Penalty $0.00 $267,103.00 $20,750.00 $0.00 $5,000.00 $282,200.00 $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 $248,000.00 $1,649,502.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $563,850.00 $901,000.00 $0.00 $0.00 $2,812,000.00 $7,954,155.00 % of Total 0.00% 6.10% 2.24% 0.00% 10.16% 5.07% 8.57% 5.52% 3.02% 0.00% 50.00% 0.47% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 2.58% 25.01% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 27.38% 27.24% 0.00% 0.00% 30.99% 11.88% Attorney Fees & Costs $442,325.98 $1,720,008.11 $381,023.65 $275,000.00 $0.00 $4,028,539.45 $10,243,990.00 $1,434,574.00 $327,813.50 $2,088,429.00 $35,000.00 $492,500.00 $1,150,000.00 $1,133,167.00 $272,500.00 $0.00 $6,000.00 $650,000.00 $0.00 $5,667,000.00 $4,807,132.01 $15,500.00 $9,825.00 $230,000.00 $150,000.00 $27,500.00 $100,000.00 $27,400.00 $1,495,598.99 $2,356,475.00 $0.00 $0.00 $6,261,750.00 $45,829,051.69 % of Total 36.03% 39.29% 41.09% 60.77% 0.00% 72.34% 87.33% 57.31% 45.00% 82.23% 50.00% 51.80% 88.46% 59.83% 77.30% 0.00% 80.00% 72.22% 0.00% 59.01% 72.89% 100.00% 100.00% 100.00% 75.00% 100.00% 57.14% 50.00% 72.62% 71.25% 0.00% 0.00% 69.01% 68.44% Other $785,174.02 $2,390,712.66 $525,596.68 $177,500.00 $44,225.00 $1,259,310.55 $481,500.00 $948,574.00 $378,674.00 $451,162.50 $0.00 $403,250.00 $200,500.00 $760,833.00 $80,000.00 $0.00 $1,500.00 $250,000.00 $0.00 $4,405,750.00 $138,500.00 $0.00 $0.00 $0.00 $50,000.00 $0.00 $75,000.00 $27,400.00 $0.00 $50,000.00 $0.00 $0.00 $0.00 $13,885,162.41 % of Total 63.97% 54.61% 56.68% 39.23% 89.84% 22.61% 4.10% 37.89% 51.98% 17.77% 0.00% 42.41% 15.42% 40.17% 22.70% 0.00% 20.00% 27.78% 0.00% 45.87% 2.10% 0.00% 0.00% 0.00% 25.00% 0.00% 42.86% 50.00% 0.00% 1.51% 0.00% 0.00% 0.00% 20.73% 33 22 2 1 2 $2,813,175.46 $1,454,631.00 $945,000.00 $140,000.00 $1,900,000.00 33 22 2 1 2 $1,451,031.48 $713,611.50 $0.00 $0.00 $100,000.00 51.58% 49.06% 0.00% 0.00% 5.26% $771,824.84 $741,019.50 $945,000.00 $110,000.00 $1,299,100.00 27.44% 50.94% 100.00% 78.57% 68.37% $589,689.12 $0.00 $0.00 $30,000.00 $500,900.00 20.96% 0.00% 0.00% 21.43% 26.36% 1 $2,225,000.00 1 $1,000,000.00 44.94% $725,000.00 32.58% $500,000.00 22.47% 1 62 $954,000.00 $10,431,806.46 1 62 $100,000.00 $3,364,642.98 10.48% 32.25% $475,000.00 $5,066,944.34 49.79% 48.57% $379,000.00 $1,999,589.12 39.73% 19.17% 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% 1309 $80,791,594.46 1227 $11,334,464.98 14.03% $52,646,397.29 65.16% $17,511,683.27 21.68% 8:29 PM Cumulative Proposition 65 Settlement Report 2006 Injunctive Relief Total Settlement Civil Penalty Date Plaintiff Defendant Attorney Fees Costs 1/12/2006 Brimer, Russell Casual Living, Inc. Reformulation $64,000.00 $19,000.00 $45,000.00 $0.00 1/12/2006 Brimer, Russell Robinsons-May Stores; Wells Mfg. USA Inc. Reformulation $106,700.00 $38,000.00 $68,700.00 $0.00 1/12/2006 Brimer, Russell Signals; Universal Screen Reformulation Arts, Inc. $59,000.00 $17,500.00 $41,500.00 $0.00 2/2/2006 Brimer, Russell Big A Drug Stores, Inc.; Drug Emporium, Inc. Reformulation/warnings $70,000.00 $10,000.00 $60,000.00 $0.00 2/2/2006 Brimer, Russell Dave & Buster's, Inc. Reformulation $72,000.00 $32,000.00 $40,000.00 $0.00 2/8/2006 Brimer, Russell Michael's Stores, Inc.; Westrim, Inc. Reformulation, warnings $34,250.00 $8,000.00 $26,250.00 $0.00 2/10/2006 Brimer, Russell Starbucks Corporation Reformulation $43,000.00 $10,000.00 $33,000.00 $0.00 3/31/2006 Brimer, Russell Sunbelt Marketing Group, Inc. Reformulation or warnings $28,000.00 $4,000.00 $24,000.00 $0.00 5/1/2006 Brimer, Russell Lillian Vernon Reformulation $64,000.00 $19,000.00 $45,000.00 $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. Other Distribution Explanantion of Other Distribution Page 1 of 20 Date Plaintiff Defendant Injunctive Relief Total Settlement Civil Penalty Attorney Fees Costs Other Distribution 5/1/2006 Brimer, Russell Red Envelope Reformulation $49,000.00 $15,500.00 $33,500.00 $0.00 5/1/2006 Brimer, Russell McIlhenny Company Reformulation $52,750.00 $25,000.00 $27,750.00 $0.00 5/2/2006 Brimer, Russell Memory Company, LLC Reformulation $10,690.00 $10,000.00 $690.00 $0.00 5/9/2006 Brimer, Russell Faygo Beverages, Inc. Summons quashed $0.00 $0.00 $0.00 $0.00 5/22/2006 Brimer, Russell Club One, Inc., et al Dimissed w/o prejudice $0.00 $0.00 $0.00 $0.00 9/14/2006 Brimer, Russell Moylan's Brewing Company Reformulation or warnings $8,500.00 $1,000.00 $7,500.00 $0.00 10/6/2006 Brimer, Russell Anthropologie, Inc.; Urban Outfitters, Inc. Reformulation/warnings $98,000.00 $10,000.00 $88,000.00 $0.00 10/12/2006 Brimer, Russell Heavenly Sports; Specialty Sports Ventures, LLC Reformulation/warnings $24,000.00 $4,000.00 $20,000.00 $0.00 10/19/2006 Brimer, Russell Gift Link, Inc.; Popular Creations; Popular Imports, Inc. Reformulation/warnings $44,500.00 $16,000.00 $28,500.00 $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 2 of 20 Injunctive Relief Total Settlement Civil Penalty Date Plaintiff Defendant Attorney Fees Costs 10/26/2006 Brimer, Russell Crazy Mountain Imports; Creative Merchandising Ideas Reformulation/warnings $42,000.00 $16,000.00 $26,000.00 $0.00 10/27/2006 Brimer, Russell Catstudio Reformulation or warnings $17,500.00 $1,500.00 $16,000.00 $0.00 11/15/2006 Brimer, Russell Blue Sky Brands, Inc.; Bits and Pieces, Inc. Reformulation/warnings $53,500.00 $20,000.00 $33,500.00 $0.00 11/16/2006 Brimer, Russell Four Star International Trading Co.; Jo-Ann Stores Reformulation/warnings $45,000.00 $6,250.00 $38,750.00 $0.00 11/16/2006 Brimer, Russell Home Decorators Collection, Inc. Reformulation/warnings $51,500.00 $20,000.00 $31,500.00 $0.00 12/5/2006 Brimer, Russell Beverages & More, Inc. Reformulation/warnings $105,000.00 $40,000.00 $65,000.00 $0.00 12/8/2006 Brimer, Russell Votivo, Ltd. Reformulation/warnings $100,000.00 $60,000.00 $40,000.00 $0.00 12/11/2006 Brimer, Russell Intel Corporation Reformulation or warnings $60,000.00 $0.00 $60,000.00 $0.00 12/13/2006 Brimer, Russell McCaulou's Department Store Reformulation/warnings $64,200.00 $14,500.00 $49,700.00 $0.00 12/15/2006 Brimer, Russell Austram, Inc. Reformulation/warnings $22,000.00 $3,000.00 $19,000.00 $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. Other Distribution Explanantion of Other Distribution Page 3 of 20 Civil Penalty Defendant 12/18/2006 Brimer, Russell Overstock.com, Inc. Reformulation/warnings $29,500.00 $2,500.00 $27,000.00 $0.00 12/19/2006 Brimer, Russell International Wholesale Supply, Inc. Reformulation/warnings $20,000.00 $1,000.00 $19,000.00 $0.00 12/20/2006 Brimer, Russell Hyler Enterprises, Inc.; The Wharf's General Stores Reformulation/warnings $10,000.00 $500.00 $9,500.00 $0.00 12/21/2006 Brimer, Russell Uncommon Goods, LLC Reformulation/warnings $18,000.00 $1,600.00 $16,400.00 $0.00 12/31/2006 Brimer, Russell Boelter Opt-Ins Reformulation/warnings $4,442,750.00 1,345,000.00 3,097,750.00 $0.00 $5,909,340.00 $1,770,850.00 $4,138,490.00 $0.00 Brimer, Russell Totals Injunctive Relief Total Settlement Date Plaintiff 33 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 4 of 20 Date Plaintiff Defendant 8/9/2006 California Sportfishing Meridian Gold Company Protection Alliance California Sportfishing Protection Alliance Totals Injunctive Relief Mitigation 1 Total Settlement Civil Penalty Attorney Fees Costs Other Distribution $452,500.00 $0.00 $275,000.00 $177,500.00 $452,500.00 $0.00 $275,000.00 $177,500.00 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 Rose Foundation(75%); CSPA (25%) Page 5 of 20 Civil Penalty 4/11/2006 California Women's Law Center Maximum Living, Inc. Enhanced warning labels $6,200.00 $5,000.00 $0.00 $1,200.00 To California Women's Law Center 4/11/2006 California Women's Law Center Madison Pharmacy; Women's Health America Enhanced warning labels $6,040.00 $0.00 $0.00 $6,040.00 To California Women's Law Center 5/8/2006 California Women's Law Center Matol Botanical International, Ltd. Enhanced warning labels $33,345.00 $0.00 $0.00 $33,345.00 To California Women's Law Center 5/31/2006 California Women's Law Center Vitamin Shoppe Industries, Inc. Enhanced warning labels $3,640.00 $0.00 $0.00 $3,640.00 To California Women's Law Center $5,000.00 $0.00 $44,225.00 Totals 4 $49,225.00 Attorney Fees Costs Explanantion of Other Distribution Defendant California Women's Law Center Injunctive Relief Total Settlement Date Plaintiff 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 20 Injunctive Relief Total Settlement Civil Penalty Attorney Fees Costs Explanantion of Other Distribution Date Plaintiff Defendant 2/15/2006 Center For Environmental Health Jaclyn, Inc. Cease sales in Calfiornia $18,000.00 $0.00 $10,000.00 $8,000.00 To CEH for continuing educational programs 2/15/2006 Center For Environmental Health Betesh Holding Group Corporation Cease sales in Calfiornia $18,000.00 $0.00 $10,000.00 $8,000.00 To CEH for continuing educational programs 2/15/2006 Center For Environmental Health InGear Corporation Reformulation/warnings $50,000.00 $0.00 $40,000.00 $10,000.00 To CEH for continuing educational programs 4/20/2006 Center For Environmental Health Wal-Mart, Inc. Reformulation/warnings $25,000.00 $0.00 $20,953.00 $4,047.00 $3,058 to CEH; $989 to AYS 5/8/2006 Center For Environmental Health Gerson Company Reformulation $30,000.00 $1,000.00 $19,500.00 $9,500.00 To CEH for continuing educational programs 6/6/2006 Center For Environmental Health Horizon Group USA, Inc.; Michaels Stores, Inc. Reformulation/warnings $30,000.00 $0.00 $20,000.00 $10,000.00 To CEH for continuing educational programs 8/11/2006 Center For Environmental Health Fashion Accessory Bazaar Reformulation and continued testing $45,000.00 $0.00 $30,000.00 $15,000.00 To CEH for continuing educational programs 8/11/2006 Center For Environmental Health Lisa Frank, Inc. Reformulation and testing $45,000.00 $0.00 $30,000.00 $15,000.00 To CEH for continuing educational programs 8/30/2006 Center For Environmental Health Silver Goose, Inc. Reformulation and continued testing $15,000.00 $0.00 $10,000.00 $5,000.00 To CEH for continuing educational programs 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 7 of 20 Injunctive Relief Total Settlement Civil Penalty Attorney Fees Costs Explanantion of Other Distribution Date Plaintiff Defendant 9/13/2006 Center For Environmental Health Nadri, Inc. Reformulation/warnings $30,000.00 $1,000.00 $19,333.00 $9,667.00 To CEH for continuing educational programs 9/13/2006 Center For Environmental Health Cornerstone Apparel, Inc. Reformulation/warnings $49,500.00 $1,000.00 $32,333.00 $16,167.00 To CEH for continuing educational programs 9/21/2006 Center For Environmental Health Fast Forward, LLC Reformulation and testing $55,000.00 $0.00 $35,000.00 $20,000.00 To CEH for continuing educational programs 9/21/2006 Center For Environmental Health Accessory Network Group, Inc. Reformulation and testing $51,000.00 $0.00 $35,000.00 $16,000.00 To CEH for continuing educational programs 9/21/2006 Center For Environmental Health Big Dogs USA, Inc. Reformulation and testing $24,000.00 $0.00 $18,000.00 $6,000.00 To CEH for continuing educational programs 10/10/2006 Center For Environmental Health BodyBuilding.com Warning $22,500.00 $0.00 $17,000.00 $5,500.00 To CEH for continuing educational programs 11/21/2006 Center For Environmental Health Beads By The Dozen, Inc.; Sherman Specialty, Inc. Reformulation/warnings $25,000.00 $0.00 $18,000.00 $7,000.00 To CEH for continuing educational programs 11/21/2006 Center For Environmental Health Candela Sales Company Reformulation/warnings $7,500.00 $0.00 $5,000.00 $2,500.00 To CEH for continuing educational programs 11/22/2006 Center For Environmental Health Hennes & Mauritz, LP Reformulation and continued testing $45,000.00 $1,000.00 $29,500.00 $14,500.00 To CEH for continuing educational programs 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 20 Civil Penalty 11/22/2006 Center For Environmental Health U&I Import Reformulation and continued testing $32,500.00 $1,000.00 $21,000.00 $10,500.00 To CEH for continuing educational programs 12/5/2006 Center For Environmental Health Baby Center, LLC Reformulation and continued testing $12,500.00 $0.00 $8,500.00 $4,000.00 To CEH for continuing educational programs 12/5/2006 Center For Environmental Health Baby Universe, Inc. Stop purchasing from supplier and testing $13,500.00 $0.00 $10,000.00 $3,500.00 To CEH for continuing educational programs 12/8/2006 Center For Environmental Health Romar International Corporation Reformulation and testing $40,000.00 $0.00 $30,000.00 $10,000.00 To CEH for continuing educational programs $5,000.00 $469,119.00 $209,881.00 Totals 22 $684,000.00 Attorney Fees Costs Explanantion of Other Distribution Defendant Center For Environmental Health Injunctive Relief Total Settlement Date Plaintiff 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 9 of 20 Date Plaintiff Defendant 12/15/2006 Communities For A Better Environment DYN Maverick, Inc. dba Cameo Cleaners Communities For A Better Environment Totals Injunctive Relief Total Settlement $5,000.00 Elimination of perchloroethylene 1 $5,000.00 Civil Penalty Attorney Fees Costs Other Distribution $0.00 $5,000.00 $0.00 $0.00 $5,000.00 $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 10 of 20 Civil Penalty 1/30/2006 Ecological Rights Foundation Provo Craft & Novelty Reformulation, warnings, removal from display $32,500.00 $0.00 $17,000.00 $15,500.00 To Ecological Rights Foundation 10/20/2006 Ecological Rights Foundation Kmart; Martha Stewart Reformulation $58,000.00 $0.00 $23,000.00 $35,000.00 $17,500 each to ERF and CEH $0.00 $40,000.00 $50,500.00 Totals 2 $90,500.00 Attorney Fees Costs Explanantion of Other Distribution Defendant Ecological Rights Foundation Injunctive Relief Total Settlement Date Plaintiff 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 11 of 20 Civil Penalty Defendant 9/22/2006 Environmental Law Foundation Trader Joe's;Mrs. Gooch's; Stater Bros.;Whole Foods Market of CA Warnings $150,000.00 $0.00 $150,000.00 $0.00 9/22/2006 Environmental Law Foundation Sur La Table, Inc. Warnings $25,000.00 $0.00 $25,000.00 $0.00 9/22/2006 Environmental Law Foundation Albeco, Inc.; Dehoff Enterprises Warnings $0.00 $0.00 $0.00 $0.00 9/22/2006 Environmental Law Foundation Draeger's Super Markets Warnings $15,000.00 $0.00 $15,000.00 $0.00 9/22/2006 Environmental Law Foundation Berberian Enterprises; Bristol Farms Warnings $6,000.00 $0.00 $6,000.00 $0.00 9/22/2006 Environmental Law Foundation Andronico's Markets, Inc. Warnings $40,000.00 $0.00 $40,000.00 $0.00 $236,000.00 $0.00 $236,000.00 $0.00 Environmental Law Foundation 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 Page 12 of 20 Defendant 4/20/2006 Joint - Office of the Attorney General and Center for Environmental Health Wal-Mart Reformulation $25,000.00 6/15/2006 Joint - Office of the Attorney General and Center for Environmental Health Burlington Coat Factory, et al Reformulation Joint - Office of the Attorney General and Center for Environmental Health Totals Injunctive Relief Total Settlement Date Plaintiff 2 Civil Penalty Attorney Fees Costs Other Distribution Explanantion of Other Distribution $0.00 $20,953.00 $4,047.00 To CEH ($3,058) and AYS ($989) $1,875,000.00 $100,000.00 1,278,147.00 $496,853.00 To CEH ($186,511)and AYS ($60,342) to continue their efforts and $250,000 for testing program $1,900,000.00 $100,000.00 $1,299,100.00 $500,900.00 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 13 of 20 Date Plaintiff 8/3/2006 Joint - Office of the Attorney General; Disrtict Attorneys of Alameda and Los Angeles Joint - Office of the Attorney General; Disrtict Attorneys of Alameda and Los Angeles Defendant Alpro Alimentos Proteinicos, S.A. de C.V., et al Totals Injunctive Relief Reformulation 1 Total Settlement Civil Penalty Attorney Fees Costs Other Distribution $954,000.00 $100,000.00 $475,000.00 $379,000.00 $954,000.00 $100,000.00 $475,000.00 $379,000.00 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. Explanantion of Other Distribution To Public Health Trust for Granting Page 14 of 20 Date Plaintiff Defendant 7/18/2006 Joint - Office of the Pepsi, Inc. Attorney General; Los Angeles City Attorney Joint - Office of the Attorney General; Los Angeles City Attorney Totals Injunctive Relief Reformulation 1 Total Settlement Civil Penalty Attorney Fees Costs Other Distribution $2,225,000.00 1,000,000.00 $725,000.00 $500,000.00 $2,225,000.00 $1,000,000.00 $725,000.00 $500,000.00 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. Explanantion of Other Distribution To CA Public Health Trust Institute, Physicians for Social Responsibility, Pacoima Beautiful for lead outreach Page 15 of 20 Civil Penalty Defendant 9/28/2006 Leeman, Whitney R., Ph.D. Anaheim Patio & Fireside, Inc.; Inmar Indutries, Inc.; Onward Manufacturing Co. Reformulation/warnings $10,000.00 $1,000.00 $9,000.00 $0.00 10/19/2006 Leeman, Whitney R., Ph.D. Monogram International, et al Reformulation/warnings $145,000.00 $100,000.00 $45,000.00 $0.00 $101,000.00 $54,000.00 $0.00 Leeman, Whitney R., Ph.D. Totals Injunctive Relief Total Settlement Date Plaintiff 2 $155,000.00 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 16 of 20 Date Plaintiff Defendant Injunctive Relief Total Settlement Civil Penalty Attorney Fees Costs Other Distribution Explanantion of Other Distribution 1/25/2006 Mateel Environmental Helly Hansen US, Inc. Justice Foundation Reformulation $35,000.00 $0.00 $20,000.00 $15,000.00 To ERF (50%);CATs (50%) 2/17/2006 Mateel Environmental Midwest Air Justice Foundation Technologies, Inc. Reformulation/warnings $30,000.00 $0.00 $15,000.00 $15,000.00 To Ca nonprofits for toxic awareness work 3/28/2006 Mateel Environmental East West Distributing Co. Reformulation/warnings Justice Foundation $25,000.00 $0.00 $15,000.00 $10,000.00 To CATs and Center on Race and Pverty 3/28/2006 Mateel Environmental East West Distributing Co. Reformulation Justice Foundation $20,000.00 $0.00 $10,000.00 $10,000.00 To Ecological Rights Foundation 3/28/2006 Mateel Environmental Winner International, Inc. Justice Foundation Reformulation $42,500.00 $0.00 $25,000.00 $17,500.00 To ERF (75%);CATs (25%) 3/28/2006 Mateel Environmental Radio Flyer, Inc. Justice Foundation Reformulation; product replacement $210,000.00 $0.00 $100,000.00 $110,000.00 $100,000 to CA nonprofits; $10,000 to advertise replacement program 5/3/2006 Mateel Environmental Pacific Trail, Inc.; London Justice Foundation Fog Industries, Inc. Reformulation $55,000.00 $0.00 $40,000.00 $15,000.00 To ERF (50%);CATs (50%) 6/9/2006 Mateel Environmental Fibrecraft Materials Corp. Justice Foundation Reformulation $35,000.00 $0.00 $20,000.00 $15,000.00 To ERF (50%);CATs (50%) 6/9/2006 Mateel Environmental Vanco International, Inc. Justice Foundation Reformulation/warnings $35,000.00 $0.00 $17,500.00 $17,500.00 To ERF(50%);EPIC (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. Page 17 of 20 Date Plaintiff Defendant Injunctive Relief Total Settlement Civil Penalty Attorney Fees Costs Other Distribution Explanantion of Other Distribution 6/16/2006 Mateel Environmental E. Mishan & Sons, Inc. Justice Foundation Reformulation, warnings $40,000.00 $0.00 $22,500.00 $17,500.00 To Ca nonprofits for toxic awareness work 6/27/2006 Mateel Environmental Alert Stamping Justice Foundation Reformulation, warnings $40,000.00 $0.00 $20,000.00 $20,000.00 To CA nonprofits for toxic awareness work 6/28/2006 Mateel Environmental Innovage, Inc. Justice Foundation Reformulation $35,000.00 $0.00 $17,500.00 $17,500.00 To CA nonprofits for toxic awareness work 7/12/2006 Mateel Environmental Guy Cotton, Inc. Justice Foundation Reformulation, warnings $25,000.00 $0.00 $15,000.00 $10,000.00 To ERF (50%);CATs (50%) 7/18/2006 Mateel Environmental Campbell Hausfield Justice Foundation Reformulation $30,000.00 $0.00 $15,000.00 $15,000.00 To Ca nonprofits for toxic awareness work 7/21/2006 Mateel Environmental Darice, Inc. Justice Foundation Reformulation $30,000.00 $0.00 $17,500.00 $12,500.00 To ERF; Golden Gate Env. Law Clinic 8/11/2006 Mateel Environmental Fluke Electronics Justice Foundation Corporation Reformulation/warnings $35,000.00 $0.00 $20,000.00 $15,000.00 To California non-profits 9/1/2006 Mateel Environmental Interdynamics, Inc. Justice Foundation Reformulation/warnings $35,000.00 $0.00 $20,000.00 $15,000.00 To California non-profits 9/1/2006 Mateel Environmental Nyko Technologies, Inc. Justice Foundation Reformulation/warnings $37,500.00 $0.00 $20,000.00 $17,500.00 To California non-profits 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 18 of 20 Date Plaintiff Defendant Injunctive Relief Total Settlement Civil Penalty Attorney Fees Costs Other Distribution Explanantion of Other Distribution 9/1/2006 Mateel Environmental ATD Tools, Inc. Justice Foundation Reformulation/warnings $45,000.00 $0.00 $25,000.00 $20,000.00 To Ecological Rights Foundation 9/1/2006 Mateel Environmental Metra Electronics Corporation Justice Foundation Reformulation/warnings $37,500.00 $0.00 $18,750.00 $18,750.00 To California non-profits 10/24/2006 Mateel Environmental Lowe's HIW, Inc. Justice Foundation Reformulation/warnings $35,000.00 $0.00 $20,000.00 $15,000.00 $7,500 each to CATs and ERF 11/28/2006 Mateel Environmental Restoration Hardware Justice Foundation Reformulation/warnings $40,000.00 $0.00 $20,000.00 $20,000.00 $10,000 each to CATs and ERF $0.00 $0.00 $0.00 $0.00 $952,500.00 $0.00 $513,750.00 $438,750.00 12/14/2006 Mateel Environmental Fry's Electronics, Inc. Justice Foundation Mateel Environmental Justice Foundation Totals 23 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. Dismissed without prejudice Page 19 of 20 Date Plaintiff Grand Total Defendant Injunctive Relief 98 Total Settlement $13,613,065.00 Civil Penalty Attorney Fees Costs $3,081,850.00 $8,230,459.00 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 $2,300,756.00 Page 20 of 20