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1 A TTOR NEYS June 16, 2014 The Kroger Co. do CSC Lawyers Incorporating Service 2710 Gateway Oaks Dr., Ste 150N Sacramento, CA Re: NOTICE OF VIOLATION AGAINST THE KROGER CO., OF CALIFORNIA HEALTH & SAFETY CODE SECTION To Whom It May Concern and to Public Prosecutors: Jesse Garrett ("Garrett") is a citizen of the state of California acting in the interest of the general public seeking to further, among other causes, the protection of the environment, toxics reduction, the promotion and improvement of human health, the improvement of workers and consumer rights, environmental education and corporate accountability. As described below, Mr. Garrett has identified violations of California's Safe Drinking Water and Toxic Enforcement Act of 1986 ("Proposition 65" or "Act"), codified at Cal. Health & Safety Code et seq. by The Kroger Co., an Ohio corporation (the "Violator"). This letter serves to provide Mr. Garrett's notification of these violations to the Violator and elected prosecutors. Pursuant to (d) of the statute, Mr. Garrett intends to bring an enforcement action sixty (60) days or more after effective service of this notice unless the appropriate public enforcement agencies have commenced and are diligently prosecuting an action to rectify these violations. The products which are causing an exposure without a warning in violation of Proposition 65, are Kroger Brand P$$t Wheat Bread ("Products"), being sold throughout the state of California. A copy of the Proposition 65 summary prepared by the Office of Environmental Health Hazard Assessment is attached, to the copy of this letter served to the Violator. Because of this lack of a warning, consumers were exposed to the following chemicals without the proper required Proposition 65 warnings: 1) Urethane (Ethyl carbamate). Mr. Garrett intends to file a private enforcement action as provided for in the Act for the alleged violations by the Violator, unless Violator agrees in an enforceable written instrument to: (1) recall the 766 East Colorado Boulevard :ET. Suite 108 WPasadena, California (213) ff (213) Facsimile
2 listed products so as to eliminate further exposures to the identified chemicals; or (2) affix clear and reasonable Proposition 65 warning labels; and (3) pay an appropriate civil penalty. Consistent with the public interest goals of Proposition 65, Mr. Garrett is interested in seeking a constructive resolution to this matter, and invites violator, should it seek early resolution of this matter, to communicate directly with Garrett's attorneys. Such resolution will avoid further unwarned consumer exposures, as well as resource intensive litigation. Please direct all questions concerning this notice to Mr. Garrett's attorneys, Vineet_Dubey (dubey cdlawyers.com) or Miguel A. Custodio, Jr.(custodio@cd-lawyers.com), 766 E. Colorado Blvd., Ste 108, Pasadena, CA 91101, Sincerely, Vineet Dubey Custodio & Dubey LLP Attachments: Proposition 65 summary Certificate of Merit Certificate of Service 766 East Colorado Boulevard E Suite Pasadena, California (213) E (213) Facsimile
3 CERTIFICATE OF MERIT Health and Safety Code Section (d) Re: Jesse Garrett's Notice of Proposition 65 Violations by The Kroger Co. I, Vineet Dubey, hereby declare: 1. This Certificate of Merit accompanies the attached sixty-day notice in which it _is alleged the party identified in the notice violated California Health & Safety Code Section by failing to provide clear and reasonable warnings. 2. I am an attorney for the noticing party. 3. I have consulted with one or more persons with relevant and appropriate experience and have assembled evidence attached to the copy for the California Attorney General as Exhibit 1 to this Certificate of Merit regarding the lack of warnings for the listed chemical that is the subject of the notice. 4. Based on the information obtained and on other information in my possession, I believe there is a reasonable and meritorious case for the private action. I understand that "reasonable and meritorious case for the private action" means that the information provides a credible basis that all elements of the plaintiff's case can be established and that the information did not prove that the alleged violator will be able to establish any of the affirmative defenses set forth in the statute. 5. The copy of this Certificate of Merit served on the Attorney General attaches to it factual information sufficient to establish the basis for this certificate, including the information identified in California Health & Safety Code (h)(2). Dated: June 16, 2014 Vineet Dubey, Attorney at Law 766 East Colorado Boulevard Suite 108 Pasadena, California (213) (213) Facsimile
4 CERTIFICATE OF SERVICE I am over the age of 18 and not a party to this case. I am a resident of or employed in the county where the mailing occurred. My business address is 766 E. Colorado Blvd., Ste 108, Pasadena, CA On the date shown below, I served the following: 1) 60-Day Notice of Intent to Sue Under Health and Safety Code section ) Certificate of Merit; Health and Safety Code Section (d) 3) Certificate of Merit (Attorney General Copy); Factual information sufficient to establish the basis of the certificate of merit (only sent to Attorney General) 4) The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65); A Summary on the alleged violator listed below via First Class Certified Mail through the United States Postal Service by placing a true and correct copy in a sealed envelope, addressed to the entity's agent for service of process listed below and providing such envelope to a United States Postal Service Representative: The Kroger Co. do CSC Lawyers Incorporating Service 2710 Gateway Oaks Dr., Ste 150N Sacramento, CA as well as providing copies of the notice to the public enforcers by placing a true and correct copy in a sealed envelope, addressed to the parties listed in the attached Distribution List. I declare under penalty of perjury that under the laws of the State of California that the foregoing is true and correct. June 16, 2014 Vineet Dubey 766 East Colorado Boulevard Suite 108 Pasadena, California (213) (213) Facsimile
5 Distribution List Alameda County District Attorney 1225 Fallon St, Room 900 Oakland, CA Alpine County District Attorney PO Box 248 Markleeville, CA Amador County District Attorney 708 Court, Suite 202 Jackson, CA Butte County District Attorney 25 County Center Dr. Oroville, CA Calaveras County District Attorney 891 Mountain Ranch Road San Andreas, CA Office of the Attorney General P.O. B ox Oakland, CA Colusa County District Attorney Courthouse, 547 Market St Colusa, CA Contra Costa County District Attorney 725 Court St., Room 402 Martinez, CA Del Norte County District Attorney 450 'H" St. Crescent City, CA El Dorado County District Attorney 515 Main St. Placerville, CA Fresno County District Attorney 2220 Tulare St, Ste Fresno, CA Glenn County District Attorney PO Box 430 Willows, CA Humboldt County District Attorney 825 5th St., 4th Floor Eureka, CA Imperial County District Attorney 939 W. Main St., 2nd Floor El Centro, CA Kern County District Attorney 1215 Truxtun Ave. Bakersfield, CA Kings County District Attorney Gov't Ctr, 1400 W Lacey Blvd Hanford, CA Lake County District Attorney 255 N Forbes St Lakeport, CA Modoc County District Attorney 204 S. Court Street Alturas, CA San Diego City Attorney City Center Plaza rd Ave # 1100 San Diego, CA Tuolumne County District Attorney 2 S Green St Sonora, CA Ventura County District Attorney 800 S Victoria Ave Ventura, CA Los Angeles County District Attorney 210 W Temple St, 18th Floor Los Angeles, CA Madera County District Attorney 209 W Yosemite Ave Madera, CA Mariposa County District Attorney P.O. Box 730 Mariposa, CA Marin County District Attorney 3501 Civic Center Drive, #130 San Rafael, CA Mendocino County District Attorney P.O. Box 1000 Ukiah, CA Los Angeles City Attorney 200 N Main St Ste 1800 Los Angeles CA Inyo County District Attorney P.O. Drawer D Independence, CA Orange County District Attorney PO Box 808 Santa Ana, CA Nevada County District Attorney Levon Ave. Truckee, CA Plumas County District Attorney 520 Main Street, Rm 404 Ouincv, CA Sacramento County District Attorney 901 G Street Sacramento, CA San Luis Obispo County District Attorney County Government Center, Rm 450 San Luis Obispo, CA San Mateo County District Attorney 400 County Center Redwood City, CA Santa Barbara County District Attorney 1112 Santa Barbara St. Santa Barbara, CA Santa Clara County District Attorney 'A W Hedding St. San Jose, CA Santa Cruz County District Attorney 701 Ocean St., Room 200 Santa Cruz, CA Stanislaus County District Attorney PO Box 442 Modesto, CA Sutter County District Attorney 446 Second Street Yuba City, CA Lassen County District Attorney 200 S Lassen St, Suite 8 Susanville, CA Tulare County District Attorney County Civic Center, Rm 224 Visalia, CA Tehama County District Attorney P.O. Box 519 Red Bluff; CA Mono County District Attorney PO Box 617 Bridgeport, CA San Joaquin County District Attorney PO Box 990 Stockton, CA San Francisco County District Attorney 850 Bryant St, Rm 322 San Francisco, CA San Diego County District Attorney n TIT 11/1A San Diego, CA San Bernardino County District Attorney 316 N Mountain View Ave San Bernardino, CA San Francisco City Attorney # 1 Dr. Carlton B. Goodlett Place, Suite 234 San Francisco, CA Placer County District Attorney Justice Center Drive Suite 240 Roseville, CA Merced County District Attorney 550 W. Main St. Merced, CA Napa County District Attorney PO Box 720 Nana, CA Riverside County District Attorney 3960 Orange Street, Suite 6 Riverside, CA San Benito County District Attorney 419 4th St Hollister, CA Siskiyou County District Attorney PO Box 986 Yreka, CA Solano County District Attorney 600 Union Ave Fairfield, CA Sonoma County District Attorney 600 Administration Dr. Rm 212-J Santa Rosa, CA Shasta County District Attorney 1355 West St. Redding, CA Sierra County District Attorney PO Box 457 Downieville, CA Trinity County District Attorney PO Box 310 Weaverville, CA Yuba County District Attorney 215 5th St Marysville, CA Monterey County District Attorney PO Box 1131 Salinas, CA Yolo County District Attorney 310 Second St Woodland, CA SanJoseCityAttorney 200 E. Santa Clara St 16th Floor San Jose, CA 95110
Copyright Prop 65 News. All Rights Reserved.
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