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60-DAY NOTICE OF VIOLATIONSENT IN COMPLIANCE WITH CALIFORNIA HEALTH & SAFETY CODE §25249.7(d)DATE: January 2, 2014To: Amazon.com; Zenmed; paulsbestbargains.com, Inc.; Awesome Products, Inc.; PaylessFoods; United Western Grocers, Inc.; Northgate Gonzalez, LLC aka Northgate Market, Inc.;Almar Enterprises; Border and Black Ventures, LLC; Dash Direct Ltd; TheShavingEdge.comaka Pinky Grease, LLC; SkinCeuticals, LLC; SkinCeuticals, Inc.; Lemisol Corp.; Fallas CapitalHoldings, LLC; Preferred Fragrance, Inc.; Fragrance Acquisitions, LLC; Beauty Solutions Ltd;Nomorerack.com, Inc.; Flageoli Classic Limited; Shoporganic.com; Best Beauty Bargains;Home Shoppe;California Attorney General’s Office;District Attorney’s Office for 58 Counties; andCity Attorney’s Office for Los Angeles, San Diego, San Jose and San Francisco.From: Shefa LMV, LLCI.INTRODUCTIONOur name is Shefa LMV, LLC. We are citizens and a Limited Liability Company of the State ofCalifornia acting in the interest of the general public. We seek to promote awareness of exposures totoxic chemicals in products sold in California and, if possible, to improve public health and safety byreducing the hazardous substances contained in such items. This Notice is provided to the parties listedabove pursuant to California Health & Safety Code §25249.6, et seq. (“Proposition 65”). The violationsalleged by this Notice consist of product exposures, routes of exposures, and types of harm that maypotentially result from exposures to the toxic chemical (“listed chemical”) identified below:Product Exposure:Listed Chemical:Routes of Exposure:Types of Harm:II.See Section VII, Exhibit ACoconut Oil DiethanolamineCondensate AKA CocamideDEA;Dermal absorption;Ingestion; and InhalationCarcinogenNATURE OF ALLEGED VIOLATION (PRODUCT EXPOSURE)The specific type of product that is causing consumer and occupational exposures in violation ofProposition 65, and which is the subject of this Notice, is listed under “Product Category/Type” in ExhibitA in Section VII below. All products within the type covered by this Notice shall be referred tohereinafter as the “products.” The sales of these products in California dating at least as far back as June23, 2013 are subject to this Notice. As a result of the sales of these products, exposures to the listedchemical have been occurring without clear and responsible warnings as required by Proposition 65.Without proper warnings regarding the toxic effects of exposures to the listed chemical, resulting from
contact with the products from dermal and ingestion exposure as well as inhalation, California citizenrylack the information necessary to make informed decisions on whether and how to eliminate (or reduce)the risk of exposure to the toxic chemical from the reasonably foreseeable use of the products.Through the act of buying, acquiring and using the products, citizens of California are exposed tothe listed chemical in homes, workplaces and elsewhere throughout California where these products areutilized. Exposure to consumers includes, but is not limited to, bathing their bodies, their pets or theirchildren. Exposure in the line of occupation can be in a salon-type setting or pet grooming, or any similaroccupation. Exposure to consumers includes, but is not limited to, when handling the product CocamideDEA is absorbed through dermal, and other migration pathways, including but not limited to incidentalingestion after one touch's the chemical and then touch's food or otherwise places his hands on or near hislips where his tongue can or will continue this pathway to ingestion exposure. Exposure may continue tooccur for a significant period after the initial contact. People likely to be exposed are women, men, infantsand children. These violations and threatened violations pertain to Proposition 65 chemicals that arelisted by the state as known to cause cancer.III.CONTACT INFORMATIONPlease direct all questions concerning this notice to us through our counsel’s offices at thefollowing address:Daniel N. Greenbaum, Esq.7120 Hayvenhurst Avenue, Suite 320Van Nuys, CA 91406Main: (818) 809-2199Cell: (310) 200-2631Fax: (424) 243-7689Email: dgreenbaum@greenbaumlawfirm.comIV.PROPOSITION 65 INFORMATIONFor general information concerning the provisions of Proposition 65, please feel free to contactthe Office of Environmental Health Hazard Assessment (“OEHHA”) in the Proposition 65Implementation Office at (916) 445-6900. For the alleged Violator(s), I have attached a copy of“Proposition 65 in Plain Language” which has been prepared by OEHHA.V.RESOLUTION OF NOTICED CLAIMSBased on the allegations set forth in this Notice, I intend to file a citizen enforcement lawsuitagainst the alleged Violator(s), unless such Violator enters into a binding written agreement to: (1) recallproducts already sold or undertake best efforts to ensure that the requisite health hazard warnings areprovided to those whom have received such products; (2) provide clear and reasonable warnings forproducts sold in the future, or reformulate such products to eliminate the Cocamide DEA exposures.If the alleged Violator is interested in resolving this dispute without resorting to time-consumingand expensive litigation, please feel free to contact my counsel identified in Section III. It should benoted that neither my counsel nor I can: (1) finalize any settlement until after the 60-day Notice period
elapses; nor (2) speak for the Attorney General or any District Attorney or City Attorney who receivedthis Notice. Therefore, while reaching an agreement that will resolve my claims, such an agreement maynot be approved by the Attorney General after referral to them, or by the court as the last voice onsettlements.VI.ADDITIONAL ibutor(s)Soap; Skin Cleanser; Shampoo;Shaving Cream; Shower GelPauls Best Bargains; Payless Foods;Northgate Market;Shoporganic.com;TheShavingEdge.com; Best BeautyBargains; Fallas; Nomorerack.com;Home ShoppeAmazon.com; Zenmed;paulsbestbargains.com, Inc.;Awesome Products, Inc.; PaylessFoods; United Western Grocers,Inc.; Northgate Gonzalez, LLC;Almar Enterprises; Border andBlack Ventures, LLC; Dash DirectLTD.; TheShavingEdge.com;SkinCeuticals, LLC; Lemisol Corp.;Fallas Capital Holdings, LLC;Preferred Fragrance, Inc.; FragranceAcquisitions, LLC; Beauty SolutionsLTD.; Nomorerack.com, Inc.;Flageoli Classic Limited
VII.EXHIBIT AIdentified below are named products which contain the alleged chemicals at issue, andthis reference is supportive of the material facts that are a part of my counsels Certificate ofMerit that is attached hereto as being available for purchase or use in California that is within thecategory or type of offending product covered by this Notice. Based on publicly availableinformation, the retailers, distributors and/or manufacturers of the example within the category ortype of product are also provided below. I believe and allege that the sale of the offendingproducts also has occurred without the requisite Proposition 65 “clear and reasonable warnings”at one or more locations and/or via other means including, but not limited to, transactions madeover-the-counter, business to business, through the internet, and/or via catalog by the allegedViolator(s) and other distributors and retailers of the product.ProductCategorySpecific ProductUPCSold byManufacturer/DistributorSkin CleanserZenmed Facial Cleansing Gel892670000035Pauls Best BargainsZenmed; Amazon.com;ShampooMichelle Care Baby Shampoo722429320025Payless FoodsHand Soap041380317555Northgate MarketCleanerSpecial Value Sweet StrawberryBiodegradable Heavy Duty All PurposeCleaner000845001309Shoporganic.comShaving CreamDeadnought the shaving solution5060297000614TheShavingEdge.comAwesome Products, Inc.Unified Western Grocers, Inc.;Northgate Gonzalez LLC akaNorthgate Gonzalez, Inc.Almar Enterprises;Border and Black Ventures LLCDash Direct Ltd;TheShavingEdge.comSkin CleanserSkinCeuticals Simply Clean635494121001Best Beauty BargainsDaily CleanserLemisol Plus Gentle Daily Cleanser352688195715FallasSkinCeuticals LLC; Amazon.comLemisol Corp.;Fallas Capital Holdings LLCShower gelBeyonce hottest party shower gel886994773515FallasFragrance Acquisitions LLCSkin CleanserFran Wilson Ageless Express088634000436Nomorerack.comBeauty Solutions Ltd.ShampooC-fuller hairHome ShoppeFlageoli Classic Limited
PROOF OF SERVICE OF DOCUMENTI am over the age of 18 and not a party to this case or action. My business address is:7120 Hayvenhurst Avenue, Suite 320, Van Nuys, CA 91406A True and Correct copy of the documents entitled 60 DAY NOTICE OF VIOLATION; CERTIFICATE OF MERIT; THESAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986 (PROPOSITION 65): A SUMMARY will beserved or was served in the manner stated below:I.Interested Parties (Served via Certified Mail): On January 2, 2014, I served the following persons and/or entities at thelast known addresses by placing a true and correct copy thereof in a sealed envelope in the United States Mail, postage prepaid,and addressed as follows:Amazon.comATTN: CEO or PresidentCorporation Service Companyc/o Amazon.com, Inc.ZenmedATTN: CEO or President747 Princess Ave., #45, Victoria, BC, V8T 1K5 CANADAZenmedATTN: CEO or President23040 N. 11th Ave., Bldg. #1, Ste 107, Phoenix AZ 85027paulsbestbargains.com Inc.ATTN: CEO or President4729 SUNSET RD., KNOXVILLE, TN 37914-5000Awesome Products, Inc.ATTN: CEO or President6370 Altura Boulevard, Buena Park, CA 90620Payless FoodsATTN: CEO or President23501 S. Avalon Blvd., Carson, CA 90745Unified Western Grocers, Inc.ATTN: CEO or President5200 SHEILA ST., LOS ANGELES, CA 90040-3906ATTN: CEO or President1201 N. MAGNOLIA AVE., ANAHEIM CA 92801ATTN: Richard Streza40 Pacifica, Suite 1500, Irvine CA 92618Almar EnterprisesATTN: CEO or President35484 HERITAGE LN FARMINGTON MI 48335Border and Black Ventures LLCATTN: CEO or President3691 N SAN SEBASTIAN DR., TUCSON, AZ 85750Dash Direct LtdATTN: CEO or PresidentGlobal House, Richmond Place, PL21 9RL Lee Mill, UKTheShavingEdge.comaka Pinky Grease LLCATTN: CEO or President147 Maplewood Dr., Laflin PA 18705SkinCeuticals, LLCATTN: CEO or President133 TERMINAL AVE., CLARK, NJ 07066-1320SkinCeuticals, LLCCorporation Service Co.dba CSC – Lawyers Inco701 Brazos, Suite 1050, Austin TX 78701SkinCeuticals, Inc.ATTN: CEO or President3402 W MILLER RD., GARLAND, TX 75041-6114SkinCeuticals, Inc.ATTN: Alden Pinnell12150 Shiloh Rd., Ste 104, Dallas TX 75228Lemisol CorpATTN: CEO or PresidentOne Bridge Plaza North, #275, Fort Lee NJ 07024Laboratorios Rysell, S.A.ATTN: CEO or PresidentPO Box 2652, Santo Domingo, Dominican RepublicFallas Capital Holdings, LLCATTN: CEO or President15001 S FIGUEROA ST., GARDENA, CA 90248Preferred Fragrance, Inc.ATTN: CEO or President75 TAAFFE PLACE, BROOKLYN, NY 11205Fragrance Acquisitions, LLCATTN: CEO or President1900 CORPORATE BLVD., NEWBURGH, NY 12550-6412Beauty Solutions Ltd.ATTN: CEO or President411 5TH AVE., STE 804, NEW YORK, NY 10016Nomorerack.com, Inc.ATTN: CEO or President381 PARK AVE. SOUTH, 4TH FLOOR, NEW YORK, NY 10016Flageoli Classic LimitedATTN: CEO or President7310 SMOKE RANCH RD., STE 1, LAS VEGAS, NV 89128Northgate Gonzalez, LLCaka Northgate Gonzalez, Inc.Northgate Gonzalez, LLCaka Northgate Gonzalez, Inc.410 Terry Avenue N, Seattle WA 98109300 Deschutes Way SW, Suite 304, Seattle, WA 98501II.California Attorney General (via website Portal): On January 2, 2014, I uploaded a true and correct copy thereof as aPDF file via the California Attorney General’s website.
III.District and City Attorneys (via U.S. Mail): On January 2, 2014, I served the following persons and/or entities at thelast known addresses by placing a true and correct copy thereof in a sealed envelope in the United States Mail, first class, postageprepaid, and addressed as followsSee attached pages for full service listI declare under penalty of perjury under the laws of the State of California and the United States of America that the foregoing istrue and correct.January 2, 2014Daniel N. Greenbaum, Esq.DatePrinted NameSignature
District AttorneyALAMEDA COUNTY1225 Fallon Street, Room 900Oakland, CA 94612District AttorneyINYO COUNTY168 North EdwardsIndependence, CA 93526District AttorneyMONTEREY COUNTYPO BOX 1131Salinas, CA 93902District AttorneyALPINE COUNTYPO Box 248Markleeville, CA 96120District AttorneyKERN COUNTY1215 Truxtun AvenueBakersfield, CA 93301District AttorneyNAPA COUNTYPO BOX 720Napa, CA 94559District AttorneyAMADOR COUNTY708 Court Street, #202Jackson, CA 95642District AttorneyKINGS COUNTY1400 West Lacey Blvd.Hanford, CA 93230District AttorneyNEVADA COUNTY201 Commercial StreetNevada City, CA 95959District AttorneyBUTTE COUNTY25 County Center Drive —Administration BuildingOroville, CA 95965District AttorneyLAKE COUNTY255 N. Forbes StreetLakeport, CA 95453District AttorneyORANGE COUNTY401 Civic Center Drive WestSanta Ana, CA 92701District AttorneyLASSEN COUNTY220 S. Lassen Street, Suite. 8Susanville, CA 96130District AttorneyPLACER COUNTY10810 Justice Center DriveRoseville, CA 95678District AttorneyLOS ANGELES COUNTY210 W. Temple StreetLos Angeles, CA 90012District AttorneyPLUMAS COUNTY520 Main Street, Room 404Quincy, CA 95971District AttorneyMADERA COUNTY209 West Yosemite AvenueMadera, CA 93637District AttorneyRIVERSIDE COUNTY3960 Orange StreetRiverside, CA 92501District AttorneyMARIN COUNTY3501 Civic Center Drive, Room 130San Rafael, CA 94903District AttorneySACRAMENTO COUNTY901 G StreetSacramento, CA 95812District AttorneyMARIPOSA COUNTYPO BOX 730Mariposa, CA 95338District AttorneySAN BENITO COUNTY419 4th StreetHollister, CA 95023District AttorneyMENDOCINO COUNTYPO BOX 1000Ukiah, CA 95482District AttorneySAN BERNARDINO COUNTY303 W. Third StreetSan Bernardino, CA 92415District AttorneyMERCED COUNTY550 West Main StreetMerced, CA 95340District AttorneySAN DIEGO COUNTY330 W. Broadway, Suite 1300San Diego, CA 92101District AttorneyMODOC COUNTY204 S. Court Street, Room 202Alturas, CA 96101District AttorneySAN FRANCISCO COUNTY880 Bryant Street, Third FloorSan Francisco, CA 94103District AttorneyMONO COUNTYPO BOX 2053Mammoth Lakes, CA 93546District AttorneySAN JOAQUIN COUNTYPO BOX 990Stockton, CA 95202District AttorneyCALAVERAS COUNTY891 Mountain Ranch RoadSan Andreas, CA 95249District AttorneyCOLUSA COUNTY346 5th Street, Suite. 101Colusa, CA 95932District AttorneyCONTRA COSTA COUNTY900 Ward StreetMartinez, CA 94553District AttorneyDEL NORTE COUNTY450 H Street, Room 171Crescent City, CA 95531District AttorneyEL DORADO COUNTY515 Main StreetPlacerville, CA 95667District AttorneyFRESNO COUNTY2220 Tulare Street, Suite. 1000Fresno, CA 93721District AttorneyGLENN COUNTYPO Box 430Willows, CA 95988District AttorneyHUMBOLDT COUNTY825 5th StreetEureka, CA 95501District AttorneyIMPERIAL COUNTY940 West Main Street, Suite. 102El Centro, CA 92243
District AttorneySAN LUIS OBISPO COUNTYCourthouse Annex, 4th FloorSan Luis Obispo, CA 93408District AttorneySOLANO COUNTY675 Texas Street, Suite 4500Fairfield, CA 94533District AttorneyVENTURA COUNTY800 South Victoria AvenueVentura, CA 93009District AttorneySAN MATEO COUNTY400 County Center, Third FloorRedwood City, CA 94063District AttorneySONOMA COUNTY600 Administration Drive, Room 212JSanta Rosa, CA 95403District AttorneyYOLO COUNTY301 Second StreetWoodland, CA 95695District AttorneySANTA BARBARA COUNTY1112 Santa Barbara StreetSanta Barbara, CA 93101District AttorneySTANISLAUS COUNTY832 12th Street, Suite 300Modesto, CA 95353District AttorneyYUBA COUNTY215 Fifth Street, Suite. 152Marysville, CA 95901District AttorneySANTA CLARA COUNTY70 West Hedding Street, West WingSan Jose, CA 95110District AttorneySUTTER COUNTY446 Second Street, Suite 102Yuba City, CA 95991Mike FeuerCity AttorneyCITY OF LOS ANGELES200 N. Main StreetLos Angeles, CA 90012District AttorneySANTA CRUZ COUNTY701 Ocean Street, Room 200Santa Cruz, CA 95060District AttorneyTEHAMA COUNTYPO BOX 519Red Bluff, CA 96080District AttorneySHASTA COUNTY1355 West StreetRedding, CA 96001District AttorneyTRINITY COUNTYPO BOX 310Weaverville, CA 96093District AttorneySIERRA COUNTY100 Courthouse SquareDownieville, CA 95936District AttorneyTULARE COUNTY221 South Mooney Blvd., Suite 224Visalia, CA 93291District AttorneySISKIYOU COUNTYPO BOX 986Yreka, CA 96097District AttorneyTUOLUMNE COUNTY423 No. Washington StreetSonora, CA 95370Jan GoldsmithCity AttorneyCITY OF SAN DIEGO1200 Third Avenue, 3rd FloorSan Diego, CA 92101Richard DoyleCity AttorneyCITY OF SAN JOSE200 East Santa Clara StreetSan Jose, CA 95113Dennis J. HerreraCity AttorneyCITY OF SAN FRANCISCOCity Hall, Room 2341 Dr. Carlton B. Goodlett PlaceSan Francisco, CA 94102
CERTIFICATE OF MERITI, Daniel N. Greenbaum, hereby declare:(1) This Certificate of Merit accompanies the attached sixty-day notice(s) inwhich it is alleged the parties identified in the notices have violated Health andSafety Code section 25249.6 by failing to provide clear and reasonable warnings.(2) I am the attorney for the noticing party.(3) I have consulted with one or more persons with relevant and appropriateexperience or expertise who has reviewed facts, studies, or other data regardingthe alleged exposure to the listed chemical that is the subject of the action.(4) Based on the information obtained through those consultations, and on allother information in my possession, I believe there is a reasonable andmeritorious case for the private action. I understand that "reasonable andmeritorious case for the private action" means that the information provides acredible basis that all elements of the plaintiffs' case can be established and theinformation did not prove that the alleged violator will be able to establish any ofthe affirmative defenses set forth in the statute.(5) The copy of this Certificate of Merit served on the Attorney General attachesto it factual information sufficient to establish the basis for this certificate,including the information identified in Health and Safety Code section25249.7(h)(2), i.e., (1) the identity of the persons consulted with and relied on bythe certifier, and (2) the facts, studies, or other data reviewed by those persons.January 2, 2014Daniel N. Greenbaum, Esq.DatePrinted NameSignature
Almar Enterprises ATTN: CEO or President 35484 HERITAGE LN FARMINGTON MI 48335 Border and Black Ventures LLC ATTN: CEO or President 3691 N SAN SEBASTIAN DR., TUCSON, AZ 85750 Dash Direct Ltd ATTN: CEO or President Global House, Richmond Place, PL21 9RL Lee Mill, UK TheShavingEdge.com aka Pinky Grease LLC
