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I Evan J. Smith, Esquire (SBN 242352)
Ryan P. Cardona, Esquire (SBN 302113)
2 BRODSKY SMITH
9595 Wilshire Blvd., Ste. 900
3 Beverly Hills, CA 90212 ELECTRONICALLY
Telephone: (877) 534-2590
4 Facsimile: (310) 247-0160 FILED
Superior Court of California,
County of San Francisco
5 Attorneys for Plaintiff
03/14/2024
Clerk of the Court
BY: SHENEQUA GLADNEY
SUPERIOR COURT OF THE STATE OF CALIFORNIA Deputy Clerk
COUNTY OF SAN FRANCISCO CGC-24-613095
Case No.:
9 GABRIEL ESPINOZA,
COMPLAINT FOR CIVIL PFNALTIFS AND
10 Plaintiff, IN JUNCTIVE RELIEF
11 vs. (Violation of Health & Safety Code Il 25249.5 et
seq.)
SONG HY SUPERMARKET, INC.,
13 Defendant.
14 Plaintiff Gabriel Espinoza ("PlaintitF'), by and through his attorneys, alleges the following
15 cause of action in the public interest of the citizens of the State of California.
16 BACKGROUND OF THE CASE
17 1. Plaintiff brings this representative action on behalf of all California citizens to
18 enforce relevant portions of Safe Drinking Water and Toxic Enforcement Act of 1986, codified at
19 the Health and Safety Code tJ 25249.5 et seq (" Proposition 65"), which reads, in relevant part,
20 "[n]o person in the course of doing business shall knowingly and intentionally expose any
21 individual to a chemical known to the state to cause cancer or reproductive toxicity without first
22 giving clear and reasonable warning to such individual ...". Health & Safety Code tJ 25249.6.
23 2. This complaint is a representative action brought by Plaintiff in the public interest
24 of the citizens of the State of California to enforce the People's right to be informed of the health
25 hazards caused by exposure to lead, a toxic chemical found in (a) Marco Polo BBQ shrimp snacks,
26 UPC ¹ 024628510833, (b) Happy Elephant dried baby crabs with vegetable sauce, UPC ¹
27 813760016293, (c) Por Kwan mince crabs in spices, UPC ¹ 8850643004642, (d) Van Tho™
28 Vietnamese brown rice vermicelli, UPC ¹ 737483779054, (e) Super Brand dried ginger slices,
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COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF — VIOLATION OF
HEALTH & SAFETY CODE IJ25249.5
1 UPC ¹ 610232012551, and (f) Butterfly Brand sweeten mangoes, UPC ¹ 8852740500119 sold
2 and/or distributed by defendant Song Hy Supermarkets, Inc. (" Song Hy" or "Defendant" ) in
California.
3
4 3. Lead is a harmful chemical known to the State of California to cause cancer and
5 birth defects or other reproductive harm. On October I, 1992, the state of California listed lead as
6 a chemical known to cause cancer and it has come under the purview of Proposition 65 regulations
7 since that time. Cal. Code Regs. Tit. 27, $ 27001(c); Health & Safety Code I'1II 25249.8 &
8 25249.10(b). On February 27, 1987, the State of California listed lead as a chemical known to
9 cause birth defects or other reproductive harm.
10 4. Proposition 65 requires all businesses with ten (10) or more employees that operate
11 within California or sell products therein to comply with Proposition 65 regulations. Included in
12 such regulations is the requirement that businesses must label any product containing a Proposition
13 65-listed chemical that will create an exposure above safe harbor levels with a "clear and
14 reasonable" warning before "knowingly and intentionally" exposing any person to any such listed
15 chemical.
16 5. Proposition 65 allows for civil penalties of up to $ 2,500.00 per day per violation
17 for up to 365 days (up to a maximum civil penalty amount per violation of $ 912,000.00) to be
18 imposed upon defendants in a civil action for violations of Proposition 65. Health & Safety Code
19 I'1 25249.7(b). Proposition 65 also allows for any court of competent jurisdiction to enjoin the
20 actions of a defendant which "violate or threaten to violate" the statute. Health & Safety Code I'1
21 25249.7.
22 6. Plaintiff alleges that Defendant distributes and/or offers for sale in California,
23 without a requisite exposure warning, (a) Marco Polo BBQ shrimp snacks, UPC ¹ 024628510833,
24 (b) Happy Elephant dried baby crabs with vegetable sauce, UPC ¹ 813760016293, (c) Por Kwan
25 mince crabs in spices, UPC ¹ 8850643004642, (d) Van Tho™ Vietnamese brown rice vermicelli,
26 UPC ¹ 737483779054, (e) Super Brand dried ginger slices, UPC ¹ 610232012551, and (fl
27 Butterfly Brand sweeten mangoes, UPC ¹ 8852740500119 (collectively, the "Products" and each
28 a *'Product") that expose persons to lead when used for their intended purpose.
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COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF — VIOLATION OF
HEALTH & SAFETY CODE )25249.5
2 7. Defendant's failure to warn consumers and other individuals in California of the
3 health hazards associated with exposure to lead in conjunction with the sale and/or distribution of
4 the Products is a violation of Proposition 65 and subjects Defendant to the enjoinment and civil
5 penalties described herein.
6 8. Plaintiff seeks civil penalties against Defendant for its violations of Proposition 65
7 in accordance with Health and Safety Code fJ 25249.7(b).
8 9. Plaintiff also seeks injunctive relief, preliminarily and permanently, requiring
9 Defendant to provide purchasers or users of the Products with required warnings related to the
10 dangers and health hazards associated with exposure to lead pursuant to Health and Safety Code $
11 25249.7(a).
12 10. Plaintiff further seeks a reasonable award of attorney's fees and costs.
13 PARTIES
14 11. Plaintiff is a citizen of the State of California acting in the interest of the general
15 public to promote awareness of exposures to toxic chemicals in products sold in California and to
16 improve human health by reducing hazardous substances contained in such items. He brings this
17 action in the public interestpursuant to Health and Safety Code tj 25249.7(d).
18 12. Defendant Song Hy, through its business, effectively imports, distributes, sells,
19 and/or offers the Products for sale or use in the State of California, or it implies by its conduct that
20 it imports, distributes, sells, and/or offers the Products for sale or use in the State of California.
21 Plaintiff alleges that defendant Song Hy is a "person" in the course of doing business within the
22 meaning of Health & Safety Code sections 25249.6 and 25249.11.
23 VFNUE AND JURISDICTION
24 13. Venue is proper in the County of San Francisco because one or more of the
25 instances of wrongful conduct occurred, and continue to occur in this county and/or because
26 Defendant conducted, and continues to conduct, business in the County of San Francisco with
27 respect to the Products.
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COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF — VIOLATION OF
HEALTH & SAFETY CODE tj25249.5
14. This Court has jurisdiction over this action pursuant to California Constitution
Article VI, $ 10, which grants the Superior Court original jurisdiction in all causes except those
given by statute to other trial courts. Health and Safety Code $ 25249.7 allows for the enforcement
of violations of Proposition 65 in any Court of competent jurisdiction; therefore, this Court has
jurisdiction over this lawsuit.
15. This Court has jurisdiction over Defendant because Defendant is either a citizen of
the State of California, has sufficient minimum contacts with the State of California, is registered
with the California Secretary of State as foreign corporations authorized to do business in the State
of Californi, and/or has otherwise purposefully availed itself of thc California market. Such
10 purposeful availment has rendered the exercise of jurisdiction by California courts consistent and
permissible with traditional notions of fair play and substantial justice.
12 STATUTORY BACKGROUND
13 16. The people of the State of California declared in Proposition 65 their right "[t]o be
14 informed about exposures to chemicals that cause cancer, birth defects, or other reproductive
15 harm." (Section l(b) of Initiative Measure, Proposition 65.)
16 17. To effect this goal, Proposition 65 requires that individuals be provided with a
17 "clear and reasonable warning" before being exposed to substances listed by the State of California
18 as causing cancer and/or birth defects or other reproductive harm. H&S Code $ 25249.6 states, in
19 pertinent part:
20 No person in the course of doing business shall knowingly and intentionally expose any
individual to a chemical known to the state to cause cancer or reproductive toxicity without
21 first giving clear and reasonable warning to such individual...
22
18. In this case, exposures are caused by consumer products. A "Consumer Product" is
23
defined as "any article, or component part thereof, including food, that is produced, distributed, or
24
sold for the personal use, consumption or enjoyment of a consumer." (CaL Code Regs., tit. 27, )
25
25600.1, subd. (d).) Food includes "dietary supplements" as defined in California Code of
26
Regulations, title 17, section 10200. (Id. at subd. (g).) An exposure to a chemical in a Consumer
27
Product is one "which results from a person's acquisition, purchase, storage, consumption or other
28
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COMPLAIN'I'OR CIVIL PENALTIES AND INJUNCTIVE RELIEF — VIOLATION OF
HEALTH & SAFETY CODE tj25249.5
reasonably foreseeable use of a consumer good, or any exposure that results from receiving a
consumer service." (27 CCR $ 25602, para (b).) II&S Code ) 25603(c) states that "a person in the
course of doing business ... shall provide a warning to any person to whom the product is sold or
transferred unless the product is packaged or labeled with a clear and reasonable warning."
19. Pursuant to H&S Code f 25603.1, the warning may be provided by using one or
more of the following methods individually or in combination
a. A warning that appears on a product's label or other labeling.
b. Identification of the product at the retail outlet in a manner which provides
a warning. Identification may be through shelf labeling, signs, menus, or a combination
10 thereof.
c. The warnings provided pursuant to subparagraphs (a) and (b) shall be
12 prominently placed upon a product's labels or other labeling or displayed at the retail outlet
13 with such conspicuousness, as compared with other words, statements, designs, or devices
14 in the label, labeling or display as to render it likely to be read and understood by an
15 ordinary individual under customary conditions of purchase or use.
16 d. A system of signs, public advertising identifying the system and toll-free
17 information services, or any other system that provides clear and reasonable warnings.
20. Proposition 65 provides that any "person who violates or threatens to violate" the
19 statute may be enjoined in a court of competent jurisdiction. (H&S Code $ 25249.7.) The phrase
20 "threaten to violate" is defined to mean creating "a condition in which there is a substantial
21 probability that a violation will occur." (H&S Code ) 25249.11(e).) Violators are liable for civil
22 penalties of up to $ 2,500.00 per day for each violation of thc Act (H&S Code $ 25249.7) for up to
23 365 days (up to a maximum civil penalty amount per violation of $ 912,000.00).
24
25
26
27 'lternativel, a person in the course of doing business may elect to comply with the warning
requirements set out in the amended version of 27 CCR 25601, er.seq.. as amended on August 30,
28 2016, and operative on August 30, 2018.
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COMPLAINT FOR CIVII. PENALTIFS AND INJUNCTIVE RFLIEF — VIOLATION OF
HEALTH & SAFETY CODE tj25249.5
FACTUAL BACKGROUND
2 21. On October 1, 1992, the state of California listed lead as a chemical known to cause
3 cancer and it has come under the purview of Proposition 65 regulations since that time. Cal. Code
4 Regs. Tit. 27, f 27001(c); Health & Safety Code (II 25249.8 & 25249.10(b). On February 27,
5 1987, the State of California listed lead as a chemical known to cause birth defects or other
6 reproductive harm. In summary, lead was listed under Proposition 65 as a chemical known to the
7 State to cause cancer and birth defects or other reproductive harm.
8 22. The exposures that are the subject of the Notices result from the purchase,
9 acquisition, and recommended use of the Products. Thc primary route of exposure to lead is
10 through ingestion. When foods contaminated with lead are consumed, ingestion of lead will occur
11 which will increase blood lead levels. No clear and reasonable warning is provided with the
12 Products regarding the health hazards of exposure.
13 23. Defendant has processed, marketed, distributed, offered to sell and/or sold the
14 Products in California since at least September 14, 2023 with respect to the Marco Polo BBQ
15 shrimp snacks, the Happy Elephant dried baby crabs with vegetable sauce, the Por Kwan mince
16 crabs in spices, and the Van Tho™Vietnamese brown rice vermicelli; and since at least September
17 18, 2023 with respect to the Super Brand dried ginger slices and the Butterfly Brand sweeten
18 mangoes. The Products continue to be distributed and sold in California without the requisite
19 warning information.
20 24. At all times relevant to this action, Defendant has knowingly and intentionally
21 exposed users and/or consumers of the Products to lead without first giving a clear and reasonable
22 exposure warning to such individuals.
23 25. As a proximate result of acts by Defendant, as a person in the course of doing
24 business within the meaning of H&S Code II 25249.11, individuals throughout the State of
25 California, including in San Francisco County, have been exposed to lead without a clear and
26 reasonable warning on the Products. The individuals subject to the violative exposures include
27 normal and foreseeable users and consumers that use the Products, as well as all others exposed to
28 the Products.
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COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF — VIOLATION OF
HEALTH & SAFETY CODE $ 25249.5
2 SATISFACTION OF NOTICE RKOUIRKMNTS
3 26. Plaintiff purchased the Products from Song Hy. At the time of purchase, Defendant
4 did not provide a Proposition 65 exposure warning for lead or any other Proposition 65 listed
5 chemical in a manner consistent with H&S Code tJ 25603.1 as described supra.
6 27. The Products were sent to a testing laboratory to determine if, and what amount of,
7 lead a consumer would be exposed to per serving size.
8 28. The laboratory provided the results of its analysis. Results of these tests determined
9 the Products expose users to lead (collectively, the "Chemical Test Reports" and each a "Chemical
10 Test Report" ).
11 29. Plaintiff provided the Chemical Test Reports and Products to an analytical chemist
12 to determine if, based on the findings of thc Chemical Test Reports and the reasonable and
13 foreseeable use of the Products, exposure to lead will occur at levels that require Proposition 65
14 warnings under the Clear and Reasonable Warnings section 25601 of Title 27 of the California
15 Code of Regulations.
16 30. On September 14, 2023, Plaintiff received from the analytical chemist an exposure
17 assessment report which concluded that persons in California who use the Marco Polo BBQ shrimp
18 snacks, the Happy Elephant dried baby crabs with vegetable sauce, the Por Kwan mince crabs
19 in spices, and the Van Tho™ Vietnamese brown rice vermicelli will be exposed to levels of lead
20 that require a Proposition 65 exposure warning. On September 18, 2023, Plaintiff received from
21 the analytical chemist an exposure assessment report which concluded that persons in California
22 who use the Super Brand dried ginger slices and the Butterfly Brand sweeten mangoes will be
23 exposed to levels of lead that require a Proposition 65 exposure warning.
24 31. On September 14, 2023 (Marco Polo BBQ shrimp snacks, the Happy Elephant
25 dried baby crabs with vegetable sauce, the Por Kwan mince crabs in spices, and the Van Tho™
26 Vietnamese brown rice vermicelli) and September 18, 2023 (Super Brand dried ginger slices and
27 the Butterfly Brand sweeten mangoes), Plaintiff gave notice of alleged violation of Health and
28 Safety Code IJ 25249.6 (collectively, the "Notices" and each a "Notice" ) to Defendant concerning
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COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF — VIOLATION OF
HEALTH & SAFETY CODE (25249.5
the exposure of California citizens to lead contained in thc Products without proper warning,
subject to a private action to Defendant and to the Calilornia Attorney General's office and the
offices of the County District attorneys and City Attorneys for each city with a population greater
than 750,000 persons wherein the herein violations allegedly occurred. See attached at Exhibits
"A" — "F" a true and correct copy of each Notice.
32. The Notices complied with all procedural requirements of Proposition 65 including
the attachment of a Certificate of Merit affirming that Plaintiff's counsel had consulted with at
least one person with relevant and appropriate expertise who reviewed relevant data regarding lead
exposure, and that counsel believed there was meritorious and reasonable cause for a private
10 action.
33. After receiving the Notices, and to Plaintiff s best information and belief, none of
12 the noticed appropriate public enforcement agencies have commenced and diligently prosecuted a
13 cause of action against Defendant under Proposition 65 to enforce the alleged violations which are
14 the subject of the Notices.
15 34. Plaintiff is commencing this action more than sixty (60) days from the date of the
16 each Notice to Defendant, as required by law.
17 FIRST CAUSE OF ACTION
18 (By Plaintiff against Defendant for the Violation of Proposition 65)
19 35. Plaintiff hereby repeats and incorporates by rel'erence paragraphs I through 34 of
20 this Complaint as though fully set forth herein.
21 36. Defendant has, at all times mentioned herein, acted as distributer, and/or retailer of
22 the Products.
23 37. Use of the Products will expose users to lead, a hazardous chemical found on the
24 Proposition 65 list of chemicals known to be hazardous to human health.
25 38. The Products do not comply with the Proposition 65 warning requirements.
26 39. Plaintiff, based on his best information and belief, avers that at all relevant times
27 herein, and since at least September 14, 2023 with respect to the Marco Polo BBQ shrimp snacks,
28 the Happy Elephant dried baby crabs with vegetable sauce, the Por Kwan mince crabs in spices,
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COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVF. RELIEF — VIOLATION OF
HEALTH & SAFETY CODE )25249.5
and the Van Tho™ Vietnamese brown rice vermicelli; and since at least September 18, 2023 with
respect to the Super Brandtii dried ginger slices and the Butterfly Brand sweeten mangoes,
continuing until the present, that Defendant has continued to knowingly and intentionally expose
California users and consumers of the Product to lead without providing required warnings under
Proposition 65.
40. The exposures that are the subject of the Notices result from the purchase,
acquisition, and recommended use of the Products. The primary route of exposure to lead is
through ingestion. When foods contaminated with lead are consumed, ingestion of lead will occur
which will increase blood lead levels. No clear and reasonable warning is provided with the
10 Products regarding the health hazards of exposure.
41. Plaintiff, based on his best information and belief, avers that such exposures will
12 continue every day until clear and reasonable warnings are provided to purchasers and users or
13 until this known toxic chemical is removed from the Products.
14 42. Defendant has knowledge that the normal and reasonably foreseeable use of the
15 Products exposes individuals to lead, and Defendant intends that exposures to lead will occur by
16 its deliberate, non-accidental participation in the importation, distribution, sale and offering of the
17 Products to consmners in California
18 43. Plaintiff has engaged in good faith efforts to resolve the herein claims prior to this
19 Complaint.
20 44. Pursuant to Health and Safety Code tj 25249.7(b), as a consequence of the above
21 described acts, Defendant is liable for a maximum civil penalty of $ 2,500 per day per violation.
22 45. Pursuant to Health and Safety Code tj 25249.7(a), this Court is specifically
23 authorized to grant injunctive relief in favor of Plaintiff and against Defendant.
24
25
26
27
28
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COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF — VIOLATION OF
HEALTH 4 SAFETY CODE tj25249.5
PRAYER FOR RELIEF
WHEREFORE, Plaintiff demands judgment against Defendant and requests the following
3 relief:
4 A. That the court assess civil penalties against Defendant in the amount of $ 2,500 per
5 day for each violation for up to 365 days (up to a maximum civil penalty amount per
6 violation of $ 912,000.00) in accordance with Health and Safety Code tj 25249.7(b);
7 B. That the court preliminarily and permanently enjoin Defendant mandating
8 Proposition 65 compliant warnings on the Products;
9 C. That the court grant Plaintiff reasonable attorney's fees and costs of suit, in the
10 amount of $ 50,000.00.
11 D. That the court grant any further relief as may be just and proper.
12 Dated: March 14, 2024 BRODSKY SMITH
13 By:
Evan J. Smith (SBN242352)
14
Ryan P. Cardona (SBN302113)
15 9595 Wilshire Boulevard, Suite 900
Beverly Hills, CA 90212
16 Telephone: (877) 534-2590
Facsimile: (310) 247-0160
17
18
Attorneys for Plaintiff
19
20
21
22
23
24
25
26
27
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COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF — VIOLATION OF
HEALTH & SAFETY CODE )25249.5
EXHIBIT "A"
LAW OPFICES
BRODSKY SMITH
9595 WILSHIRE BLVD., STI'0ii
BEVERLY HILI.S, CA 902 I2
877.534.2590
www.brosskysmsih.corn
IVEW JERSEY OI'FICE NEW YORK OFFICE PENNSYLVANIA OFFICE
13 I 0 NORTH KINGS HIGIIWAY 240 MINEOLA BOUI.EVARD TWO BALA PLAZA, STE. 805
CHERRY HILL, NJ 08934 MINEOLA, NV»soi BALA C YNWYD, PA 19004
856.795.7250 5 I 674 I. 4977 6I0.667.6200
September 14, 2023
President/CEO President/CEO
Golden Pacific Foods, Inc. Golden Pacific Foods, Inc. dba Marco Polo Brand
c/o Ricky Lee c/o Ricky Lee
13895 Magnolia Ave. 13895 Magnolia Ave.
Chino, CA 91710 Chino, CA 91710
President/CEO President/CEO
Lucky Taro, Inc. dba Song Hy Supermarket Lucky Taro, Inc.
c/o Kim Heng Lao c/o Kim Heng Lao
3385 Leonis Blvd. 3385 I.eonis Blvd.
Vernon. CA 90058 Vernon, CA 90058
President/CEO/Owner Kim Heng Lao
Song Hy Supermarket, Inc. 3385 Leonis Blvd.
c/o Kim Heng Lao Vernon, CA 90058
3385 Leonis Blvd.
Act'o
Vernon, CA
60-Day Notice of Violation of California Safe Drinking Water and Toxic Enforcement
Whom It May Concern:
This Notice of Violation (the "Notice" )
California Health & Safety Code I 25249.7(d).
is provided to you pursuant to and in compliance with
Brodsky Smith represents Gabriel Espinoza ("Espinoza"), a citizen of the State of California
acting in the interest of the general public to promote awareness of exposures to toxic chemicals from use
of consumer products sold in Calil'ornia and to improve human health and the environment by reducing
hazardous substances.
With respect to the Product herein, Espinoza has identified a violation of California's Safe
Drinking Water and Toxic Enforcement Act of 1986 (" Proposition 65") codified at Cal. Health & Safety
Code I 25249.5, et seq. This violation has occurred and continues to occur because the alleged Violator(s)
failed to provide a clear and reasonable health hazard warning in connection with the sale or use of the
Product in California. Health & Safety Code I 25249.6 provides that "[n]o person in the course of doing
business shall knowingly and intentionally expose any individual to a chemical known to the State to cause
cancer or reproductive toxicity without first providing a clear and reasonable warning to such individual
..." Without proper warnings regarding the toxic effects of exposures to the Listed Chemical resulting from
use of the Product, California citizens lack the information necessary to make informed decisions on
whether and/or how to eliminate (or reduce) the risk of exposure to the Listed Chemical from the
reasonably foreseeable usc of the Product.
'he public enforcement agencies that have been served with copies of this Notice are identified in the
attached distribution list accompanying the Ccrtiticate of Service.
I. DFSCRIPTIOiV OF Tl IE VIOLATION
I. Enforcer: Gabriel Espinoza, 3924 Carl in Ave. Lynwood, CA 90262; (Ph) 424-2115-4896.
2. Alleged Violator(s): Golden Pacihc I'oods, Incu Golden Pacific Foods, inc, dba Marco Polo
Brand; Lucky Taro, Inca Lucky Taro, Inc, dba Song Hy Supermarket; FGrn Heng Lao; Song
Hy Supermarket, inc.
3. Time Period of Exposure: Violations have been occurring since at least September 14, 2023
and are continuing to this day.
4. Listed Chemical: Lead. Lead is listed under Proposition 65 as a chemical known to the State
to cause cancer and birth defects or other reproductive harm.
5. Product:
Product'BQ I Non- Exclusive Examples of the Product
Shrimp Snacks Marco Polo BBQ Shrimp Snacks
UPC¹ 024628510¹33
I. Description of Exposure: The exposures that are the subject of this Notice result from the
purchase and recommended use of the Product. The primary route of exposure to the Listed
Chemical is through ingestion. When foods contaminated with the Listed Chemical are
consumed, ingestion of the Listed Chemical will occur which will increase BLLs. No clear
and reasonable warning is provided with the Products regarding the health hazards of
exposure to thc Listed Chemical.
II. PROPOSITION 65 INFORMATION
For the Violators'eference, enclosed is a copy of "Proposition 65: A Summary" that has been
prepared by the Office of Environmental Health Hazard Assessment ("OEHHA"). For more information
concerning the provisions of Proposition 65, contact GEHHA at 916.445.6900.
HI. RFSOI.UTIOiV OF TIIE CLAIMS
Based on the allegations set forth in this Notice, Brodsky Smith intends to file a citizen
enforcement lawsuit on behalf of Espinoza against the alleged Violator(s) unless such Violator(s) agree in a
binding written agreement to: (I) recall Products already sold; (2) provide Proposition 65 compliant
exposure warnings for Products sold in the future or reformulate the Products to eliminate exposures to the
Listed Chemical; and (3) pay an appropriate civil penalty based on the factors enumerated in Health ¹c
Safety Code (j 25249.7(b). Consistent with the public interest goals of Proposition 65 and the desire to have
these violations of California law quickly rectified, Espinoza is interested in seeking a constructive
resolution of the claims in this Notice without engaging in costly and protracted litigation.
z The
specifically identified example of the Product in this Notice is to assist the recipients'nvestigation
of, among other things, the magnitude of potential exposures to the Listed Chemical from other items
within the definition of Products. This example is not intended to be an exhaustive or comprehensive
identification of each specific offending Product. It is Espinoza's position that the alleged Violalors are
obligated to conduct a good faith investigation into other Products that may have been manufactured,
distributed, sold, shipped, stored (or otherwise within the alleged Violators'ustody or control) during the
relevant period to ensure that requisite health hazard warnings were and are provided to California citizens
prior to purchase and use.
Espinoza has retained me as legal counsel in connection with this Notice. Please direct aB
communications regarding this Notice to my attention at Brodsky Smith, 9595 Wilshire Blvd., Ste.
900, Beverly Hills, CA 90212, (877) 534-2590, esm ithlBbrodskysm ith.corn.
Sincerely,
Evan J. Smith
Attachments
Certificate of Merit
Certificate of Service
The Safe Drinking Water and Toxic Enforcement Action of 1986 (Proposition 65): A Summary
EXHIBIT "B"
LAW OFFICFS
BRODSKY SMITH
9595 WILSHIRE BLVD, STE. 900
BEVERLY I I ILLS, CA 90212
877. 534.2590
www.biodskysniiikcem
iVEW JERSEY OFFICE VEW YORK OFFICE PENNSYLVAVIA OFFICE
1310 NORTH KINCiS HIQHWAY 240 MINEOLA BOULEVARD TWO BALA PLAZA, STE. 805
CHERRY HILL, Ni 08934 MINEOLA, NY 11501 BALA CYNWYD, PA 19004
856.795.7250 516 741.4977 610.667 6200
September 14, 2023
President/CEO President/CEO
Gulf Coast Sea Trade Corporation Lucky Taro, Inc.
c/o Tuong Le c/o Kim Heng Lao
4483 Rowland Ave. 3385 Lennie Blvd.
El Monte, CA 91731 Vernon, CA 90058
President/CEO Kim Heng Lao
Lucky Taro, lnc. dba Song Hy Supermarket 3385 Leonis Blvd.
c/o Kim lleng Lao Vernon, CA 90058
3385 Leonis Blvd.
Vernon, CA 90058
President/CEO/Owner
Song Ity Supermarket, Inc.
c/0 Kim Heng Lao
3385 Leonis Blvd.
Act'o
Vernon, CA
60-Day Notice of Violation of California Safe Drinking Water and Toxic Enforcement
Whom It May Conccm:
This Notice of Violation (the "Notice" ) is provided to you pursuant to and in compliance with
California Health k Safety Code I 25249.7(d).
Brodsky Smith represents Gabriel Espinoza ("Espinoza"), a citizen of the State of California
acting in the interest of the general public to promote awareness of exposures to toxic chemicals from use
of consumer products sold in California and to improve human health and the environment by reducing
hazardous substances.
With respect to the Product herein, Espinoza has identified a violation of California's Safe
Drinking Water and Toxic Enforcement Act of 1986 (" Proposition 65") codified at Cal. Health 84 Safety
Code I 25249.5, et seq. This violation has occurred and continues to occur because the alleged Violator(s)
failed to provide a clear and reasonable health hazard warning in connection with the sale or use of the
Product in California. Health ifr Safety Code I 25249.6 provides that "[n]0 person in the course of doing
business shall knowingly and intentionally expose any individual to a chemical known to the State to cause
cancer or reproductive toxicity without first providing a clear and reasonable warning to such individual
..." Without proper warnings regarding the toxic effects of exposures to the l.isted Chemical resulting from
use of the Product, California citizens lack the information necessary to make informed decisions on
whether and/or how to eliminate (or reduce) the risk of exposure to the Listed Chemical from the
reasonably foreseeable use of the Product.
'he public enforcement agencies that have been served with copies of this Notice are identified in the
attached distribution list accompanying the Certificate of Service.
1. DESCRIPTION OF THE VIOLATION
1. Enforcer: Gabriel Espinoza, 3924 Carlin Ave, Lynwood, CA 90262; (Ph) 424-285-4896.
Z. Alleged Violator(s): Gulf Coast Sea Trade Corporation; Lucky 'faro, inca Lucky Taro, inc.
dba Song Hy Supermarket; Kim Heng Lao; Song Hy Supermarket, Inc.
3. Time Period of Exposure: Violations have been occurring since at least September 14, 2023
and are continuing to this day.
4. Listed Chemical: Lead. Lead is listed under Proposition 65 as a chemical known to the State
to cause cancer and birth defects or other reproductive harm.
5. Product:
Product'ried Non- Exclusive Examples of the Product
Baby Crabs with Vegetable Sauce I-leppy Elephant Dried Baby Crabs with Vegetable Sauce
UPC¹ 813760016293
6. Description of Exposure: The exposures that are the subject of this Notice result from the
purchase and recommended use of the Product. The primary route of exposure to the Listed
Chemical is through ingestion. When foods contaminated with the I.isted Chemical are
consumed, ingestion of the Listed Chemical will occur which will increase BLLs. No clear
and reasonable warning is provided with thc Products regarding the health hazards of
exposure to the Listed Chemical.
IL PROPOSITION 65 INFORMATION
For the Violators'eference, enclosed is a copy of "Proposition 65: A Summary" that has been
prepared by the Office of Environmental Health Hazard Assessment ("OEHHA"). For more information
concerning the provisions of Proposition 65, contact OEHHA at 9 I 6.445.6900.
ill. RESOLUTION OF THE CLAIMS
Based on the allegations set forth in this Notice, Brodsky Smith intends to file a citizen
enforcement lawsuit on behalf of Espinoza against the alleged Violator(s) unless such Violator(s) agree in a
binding written agreement to: (I) recall Products already sold; (2) provide Proposition 65 compliant
exposure warnings for Products sold in the future or reformulate the Products to eliminate exposures to the
Listed Chemical; and (3) pay an appropriate civil penalty based on the factors enumerated in Health &
Safety Code ) 25249.7(b). Consistent with the public interest goals of Proposition 65 and the desire to have
these violations of California law quickly rectified, Espinoza is interested in seeking a constructive
resolution of the claims in this Notice without engaging in costly and protracted litigation.
2
The specifically identified example ot'the Product in this Notice is to assist the recipients'nvestigation
of, among other things, the magnitude of potential exposures to the Listed Chemical from other items
within the definition of Products. This example is not intended to be an exhaustive or comprehensive
identification of each specific offending Produck lt is Espinoza's position that the alleged Violators are
obligated to conduct a good faith investigation into other Products that may have been manufactured,
distributed, sold, shipped, stored (or otherwise within the alleged Violators'ustody or control) during the
relevant period to ensure that requisite health hazard warnings were and are provided to California citizens
prior to purchase and use.
Espinoza has retained me as legal counsel in connection with this Notice. Please direct all
communications regarding this Notice to my attention at Brodsky Smith, 9595 Wilshire Blvd., Ste.
900, Beverly Hills, CA 90212, (877) 534-2590, esmith brodskysmith.corn.
Sincerely,
Evan J. Smith
Attachments
Certificate of Merit
Certiticate of Service
The Safe Drinking Water and Toxic Enforcement Action of 1986 (Proposition 65): A Summary
EXHIBIT "C"
I.AW OFFICES
BROD SKY SMITH
9595 WII.SHIRE BLVD., STF. 900
BEVERLY IBLLS, CA 90212
877.534.2590
www brosskysmiih corn
NEW JERSEY OFFICE NFW YORK OFFICE PFNNSYLVAN IA OFFICE
1310 NORTII KINGS HIGHWAY 240 MINEOI.A BOUI.PVARD TWO BALA PLAZA, STE. 805
CHERRY HILL, Nl 08934 MINFOLA, NY 11501 BALA CYNWYD, PA 19004
856.795.7250 516.741 4977 610.667.6200
September 14, 2023
President/CEO President/CEO
NR. Instant Produce Public Co., Ltd. Lucky Taro, Inc.
No. 99/I Moo 4 c/o Kirn Heng Lao
Sub District Kaerai Krathumban 3385 Leonis Blvd.
Samut Sakhan 74110 Vernon, CA 90058
THAILAND
President/CEO Kim Heng Lao
Lucky Taro, Inc. dba Song Hy Supermarket 3385 Leonis Blvd.
c/o Kim Heng Lao Vernon, CA 90058
3385 Leonis Blvd.
Venion, CA 90058
President/CEO/Owner
Song Hy Supermarket, Inc.
c/o Kim Heng Lao
3385 Leonis Blvd.
Act'o
Vernon, CA
60-Day Notice of Violation of California Safe Drinking Water and Toxic Enforcement
Whom lt May Concern:
California Health 84 Safety Code I 25249.7(d).
Brodsky Smith represents Gabriel Espinoza ("Espinoza"), a citizen of the State of
California
This Notice of Violation (the "Notice" ) is provided to you pursuant to and in compliance with
acting in the interest of the general public to promote awareness of exposures to toxic chemicals from use
of consumer products sold in California and to improve human health and the environment by reducing
hazardous substances.
With respect to thc Product herein, Espinoza has identified a violation of California's Safe
Drinking Water and Toxic Enforcement Act of 1986 (" Proposition 65") codified at Cal. Health k Safety
Code I 25249.5, et seq. This violation has occurred and continues to occur because the alleged Violator(s)
failed to provide a clear and reasonable health hazard warning in connection with the sale or use of the
Product in California. Health Et Safety Code ) 25249.6 provides that "[n)o person in the course of doing
business shall knowingly and intentionally expose any individual to a chemical known ta the State to cause
cancer or reproductive toxicity without first providing a clear and reasonable warning to such individual
..." Without proper warnings regarding the toxic etTects of exposures to the Listed Chemical resulting from
use of the Product, California citizens lack the information necessary to make informed decisions on
The public enforcement agencies that have been served with copies of this Notice are identified in the
attached distribution list accompanying the Certificate of Service.
whether and/or how to eliminate (or reduce) the risk of exposure to the Listed Chemical from the
reasonably forcsccable use of the Product.
L DESCRIPTION OF THE VIOLATION
1. Enforcer: Gabriel Espinoza, 3924 Carlin Ave. Lynwood, CA 90262; (Ph) 424-285-4896.
2. Alleged Violator(s): NR. Instant Produce Public Co., Ltdu Lucky Taro, Incu Lucky Taro,
Inc. dba Song Hy Supermarket; Kim Heng Lao; Song Hy Supermarket, Incu
3. Time Period of Exposure: Violations have been occurring since at least September 14, 2023
and are continuing to this day.
4. Listed Chemical: Lead. Lead is listed under Proposition 65 as a chemical known to thc State
to cause cancer and birth defects or other reproductive harm.
5. Product:
Product'ince I Non- Exclusive Examples of the Product
Crab in Spices Por Kwan Mince Crab in Spices
UPC¹ 8850643004642
1. Description of Exposure: The exposures that are the subject of this Notice result from the
purchase and recommended use of the Product. The primary route of exposure to the Listed
Chemical is through ingestion. When foods contaminated with the Listed Chemical are
consumed, ingestion of the L,isted Chemical will occur which will increase BLLs. No clear
and reasonable warning is provided with the Products regarding the health hazards of
exposure to the Listed Chemical.
IL PROPOSITION 65 INFORMATION
For the Violators'eference, enclosed is a copy of "Proposition 65: A Summary" that has been
prepared by the Office of Environmental Health Hazard Assessment ("OEI-IHA"). For more information
concerning the provisions of Proposition 65, contact OEHHA at 916.445.6900.
IIL RESOLUTION OF TIIE CLAIMS
Based on the allegations set forth in this Notice, Brodsky Smith intends to file a citizen
enforcement lawsuitCalifornia
on behalf of Espinoza against the alleged Violator(s) unless such Violator(s) agree in a
binding written agreement to: (I) recall Products already sold; (2) provide Proposition 65 compliant
exposure warnings for Products sold in the future or reformulate the Products to eliminate exposures to the
Listed Chemical; and (3) pay an appropriate civil penalty based on the factors enumerated in Health /k
Safety Code t) 25249.7(b). Consistent with the public interest goals of proposition 65 and the desire to have
these violations of law quickly rectified, Espinoza is interested in seeking a constructive
resolution of the claims in this Notice without engaging in costly and protracted litigation.
2
The specifically identified example of the Product in this Notice is to assist the recipients'nvestigation
of, among other things, the magnitude of potential exposures to the Listed Chemical from other items
within the definition of Products. This example is not intended to be an exhaustive or comprehensive
identification of each specific offending Product. It is Espinoza's position that the alleged Violators are
obligated to conduct a good faith investigation into other Products that may have been manufactured,
distributed, sold, shipped, stored (or otherwise within the alleged Violators'ustody or control) during the
relevant period to ensure that requisite health hazard warnings were and are provided to California citizens
prior to purchase and use.
Espinova has retained me as legal counsel in connection with this Notice. Please direct all
communications regarding this Notice to my attention at Brodsky Smith, 9595 Wilshire Blvd., Ste.
900, Beverly Hills, CA 902(2, (877) 534-2590, esmith brodskysmith.corn.
Sincerely,
Evan
Attachments
Certificate of Merit
Certificate of Service
The Safe Drinking Water and Toxic Enforcement Action of 1986 (Proposition 65): A Summary
EXHIBIT "D"
LAw orricns
BROD SKY SMITH
9595 WILSI IIRE BI,VD., STE. 900
BEVERLY HILLS, CA 90212
877.534,2590
www.brodstysrmrb.corn
IYEW JERSEY OFI'ICE NEW YORK OFFICE PENNSYLVAI4IAOFFtCE
1310 NORTH KINGS HIGHWAY 240 MINEOI.A BOULEVARD TWO BALA PLAZA, STE. 805
CkIERRY k(II.L, NJ 08934 MINEOLA, NY H501
Preview
I Evan J. Smith, Esquire (SBN 242352) Ryan P. Cardona, Esquire (SBN 302113) 2 BRODSKY SMITH 9595 Wilshire Blvd., Ste. 900 3 Beverly Hills, CA 90212 ELECTRONICALLY Telephone: (877) 534-2590 4 Facsimile: (310) 247-0160 FILED Superior Court of California, County of San Francisco 5 Attorneys for Plaintiff 03/14/2024 Clerk of the Court BY: SHENEQUA GLADNEY SUPERIOR COURT OF THE STATE OF CALIFORNIA Deputy Clerk COUNTY OF SAN FRANCISCO CGC-24-613095 Case No.: 9 GABRIEL ESPINOZA, COMPLAINT FOR CIVIL PFNALTIFS AND 10 Plaintiff, IN JUNCTIVE RELIEF 11 vs. (Violation of Health & Safety Code Il 25249.5 et seq.) SONG HY SUPERMARKET, INC., 13 Defendant. 14 Plaintiff Gabriel Espinoza ("PlaintitF'), by and through his attorneys, alleges the following 15 cause of action in the public interest of the citizens of the State of California. 16 BACKGROUND OF THE CASE 17 1. Plaintiff brings this representative action on behalf of all California citizens to 18 enforce relevant portions of Safe Drinking Water and Toxic Enforcement Act of 1986, codified at 19 the Health and Safety Code tJ 25249.5 et seq (" Proposition 65"), which reads, in relevant part, 20 "[n]o person in the course of doing business shall knowingly and intentionally expose any 21 individual to a chemical known to the state to cause cancer or reproductive toxicity without first 22 giving clear and reasonable warning to such individual ...". Health & Safety Code tJ 25249.6. 23 2. This complaint is a representative action brought by Plaintiff in the public interest 24 of the citizens of the State of California to enforce the People's right to be informed of the health 25 hazards caused by exposure to lead, a toxic chemical found in (a) Marco Polo BBQ shrimp snacks, 26 UPC ¹ 024628510833, (b) Happy Elephant dried baby crabs with vegetable sauce, UPC ¹ 27 813760016293, (c) Por Kwan mince crabs in spices, UPC ¹ 8850643004642, (d) Van Tho™ 28 Vietnamese brown rice vermicelli, UPC ¹ 737483779054, (e) Super Brand dried ginger slices, -I- COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF — VIOLATION OF HEALTH & SAFETY CODE IJ25249.5 1 UPC ¹ 610232012551, and (f) Butterfly Brand sweeten mangoes, UPC ¹ 8852740500119 sold 2 and/or distributed by defendant Song Hy Supermarkets, Inc. (" Song Hy" or "Defendant" ) in California. 3 4 3. Lead is a harmful chemical known to the State of California to cause cancer and 5 birth defects or other reproductive harm. On October I, 1992, the state of California listed lead as 6 a chemical known to cause cancer and it has come under the purview of Proposition 65 regulations 7 since that time. Cal. Code Regs. Tit. 27, $ 27001(c); Health & Safety Code I'1II 25249.8 & 8 25249.10(b). On February 27, 1987, the State of California listed lead as a chemical known to 9 cause birth defects or other reproductive harm. 10 4. Proposition 65 requires all businesses with ten (10) or more employees that operate 11 within California or sell products therein to comply with Proposition 65 regulations. Included in 12 such regulations is the requirement that businesses must label any product containing a Proposition 13 65-listed chemical that will create an exposure above safe harbor levels with a "clear and 14 reasonable" warning before "knowingly and intentionally" exposing any person to any such listed 15 chemical. 16 5. Proposition 65 allows for civil penalties of up to $ 2,500.00 per day per violation 17 for up to 365 days (up to a maximum civil penalty amount per violation of $ 912,000.00) to be 18 imposed upon defendants in a civil action for violations of Proposition 65. Health & Safety Code 19 I'1 25249.7(b). Proposition 65 also allows for any court of competent jurisdiction to enjoin the 20 actions of a defendant which "violate or threaten to violate" the statute. Health & Safety Code I'1 21 25249.7. 22 6. Plaintiff alleges that Defendant distributes and/or offers for sale in California, 23 without a requisite exposure warning, (a) Marco Polo BBQ shrimp snacks, UPC ¹ 024628510833, 24 (b) Happy Elephant dried baby crabs with vegetable sauce, UPC ¹ 813760016293, (c) Por Kwan 25 mince crabs in spices, UPC ¹ 8850643004642, (d) Van Tho™ Vietnamese brown rice vermicelli, 26 UPC ¹ 737483779054, (e) Super Brand dried ginger slices, UPC ¹ 610232012551, and (fl 27 Butterfly Brand sweeten mangoes, UPC ¹ 8852740500119 (collectively, the "Products" and each 28 a *'Product") that expose persons to lead when used for their intended purpose. -2- COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF — VIOLATION OF HEALTH & SAFETY CODE )25249.5 2 7. Defendant's failure to warn consumers and other individuals in California of the 3 health hazards associated with exposure to lead in conjunction with the sale and/or distribution of 4 the Products is a violation of Proposition 65 and subjects Defendant to the enjoinment and civil 5 penalties described herein. 6 8. Plaintiff seeks civil penalties against Defendant for its violations of Proposition 65 7 in accordance with Health and Safety Code fJ 25249.7(b). 8 9. Plaintiff also seeks injunctive relief, preliminarily and permanently, requiring 9 Defendant to provide purchasers or users of the Products with required warnings related to the 10 dangers and health hazards associated with exposure to lead pursuant to Health and Safety Code $ 11 25249.7(a). 12 10. Plaintiff further seeks a reasonable award of attorney's fees and costs. 13 PARTIES 14 11. Plaintiff is a citizen of the State of California acting in the interest of the general 15 public to promote awareness of exposures to toxic chemicals in products sold in California and to 16 improve human health by reducing hazardous substances contained in such items. He brings this 17 action in the public interestpursuant to Health and Safety Code tj 25249.7(d). 18 12. Defendant Song Hy, through its business, effectively imports, distributes, sells, 19 and/or offers the Products for sale or use in the State of California, or it implies by its conduct that 20 it imports, distributes, sells, and/or offers the Products for sale or use in the State of California. 21 Plaintiff alleges that defendant Song Hy is a "person" in the course of doing business within the 22 meaning of Health & Safety Code sections 25249.6 and 25249.11. 23 VFNUE AND JURISDICTION 24 13. Venue is proper in the County of San Francisco because one or more of the 25 instances of wrongful conduct occurred, and continue to occur in this county and/or because 26 Defendant conducted, and continues to conduct, business in the County of San Francisco with 27 respect to the Products. -3- COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF — VIOLATION OF HEALTH & SAFETY CODE tj25249.5 14. This Court has jurisdiction over this action pursuant to California Constitution Article VI, $ 10, which grants the Superior Court original jurisdiction in all causes except those given by statute to other trial courts. Health and Safety Code $ 25249.7 allows for the enforcement of violations of Proposition 65 in any Court of competent jurisdiction; therefore, this Court has jurisdiction over this lawsuit. 15. This Court has jurisdiction over Defendant because Defendant is either a citizen of the State of California, has sufficient minimum contacts with the State of California, is registered with the California Secretary of State as foreign corporations authorized to do business in the State of Californi, and/or has otherwise purposefully availed itself of thc California market. Such 10 purposeful availment has rendered the exercise of jurisdiction by California courts consistent and permissible with traditional notions of fair play and substantial justice. 12 STATUTORY BACKGROUND 13 16. The people of the State of California declared in Proposition 65 their right "[t]o be 14 informed about exposures to chemicals that cause cancer, birth defects, or other reproductive 15 harm." (Section l(b) of Initiative Measure, Proposition 65.) 16 17. To effect this goal, Proposition 65 requires that individuals be provided with a 17 "clear and reasonable warning" before being exposed to substances listed by the State of California 18 as causing cancer and/or birth defects or other reproductive harm. H&S Code $ 25249.6 states, in 19 pertinent part: 20 No person in the course of doing business shall knowingly and intentionally expose any individual to a chemical known to the state to cause cancer or reproductive toxicity without 21 first giving clear and reasonable warning to such individual... 22 18. In this case, exposures are caused by consumer products. A "Consumer Product" is 23 defined as "any article, or component part thereof, including food, that is produced, distributed, or 24 sold for the personal use, consumption or enjoyment of a consumer." (CaL Code Regs., tit. 27, ) 25 25600.1, subd. (d).) Food includes "dietary supplements" as defined in California Code of 26 Regulations, title 17, section 10200. (Id. at subd. (g).) An exposure to a chemical in a Consumer 27 Product is one "which results from a person's acquisition, purchase, storage, consumption or other 28 -4- COMPLAIN'I'OR CIVIL PENALTIES AND INJUNCTIVE RELIEF — VIOLATION OF HEALTH & SAFETY CODE tj25249.5 reasonably foreseeable use of a consumer good, or any exposure that results from receiving a consumer service." (27 CCR $ 25602, para (b).) II&S Code ) 25603(c) states that "a person in the course of doing business ... shall provide a warning to any person to whom the product is sold or transferred unless the product is packaged or labeled with a clear and reasonable warning." 19. Pursuant to H&S Code f 25603.1, the warning may be provided by using one or more of the following methods individually or in combination a. A warning that appears on a product's label or other labeling. b. Identification of the product at the retail outlet in a manner which provides a warning. Identification may be through shelf labeling, signs, menus, or a combination 10 thereof. c. The warnings provided pursuant to subparagraphs (a) and (b) shall be 12 prominently placed upon a product's labels or other labeling or displayed at the retail outlet 13 with such conspicuousness, as compared with other words, statements, designs, or devices 14 in the label, labeling or display as to render it likely to be read and understood by an 15 ordinary individual under customary conditions of purchase or use. 16 d. A system of signs, public advertising identifying the system and toll-free 17 information services, or any other system that provides clear and reasonable warnings. 20. Proposition 65 provides that any "person who violates or threatens to violate" the 19 statute may be enjoined in a court of competent jurisdiction. (H&S Code $ 25249.7.) The phrase 20 "threaten to violate" is defined to mean creating "a condition in which there is a substantial 21 probability that a violation will occur." (H&S Code ) 25249.11(e).) Violators are liable for civil 22 penalties of up to $ 2,500.00 per day for each violation of thc Act (H&S Code $ 25249.7) for up to 23 365 days (up to a maximum civil penalty amount per violation of $ 912,000.00). 24 25 26 27 'lternativel, a person in the course of doing business may elect to comply with the warning requirements set out in the amended version of 27 CCR 25601, er.seq.. as amended on August 30, 28 2016, and operative on August 30, 2018. -5- COMPLAINT FOR CIVII. PENALTIFS AND INJUNCTIVE RFLIEF — VIOLATION OF HEALTH & SAFETY CODE tj25249.5 FACTUAL BACKGROUND 2 21. On October 1, 1992, the state of California listed lead as a chemical known to cause 3 cancer and it has come under the purview of Proposition 65 regulations since that time. Cal. Code 4 Regs. Tit. 27, f 27001(c); Health & Safety Code (II 25249.8 & 25249.10(b). On February 27, 5 1987, the State of California listed lead as a chemical known to cause birth defects or other 6 reproductive harm. In summary, lead was listed under Proposition 65 as a chemical known to the 7 State to cause cancer and birth defects or other reproductive harm. 8 22. The exposures that are the subject of the Notices result from the purchase, 9 acquisition, and recommended use of the Products. Thc primary route of exposure to lead is 10 through ingestion. When foods contaminated with lead are consumed, ingestion of lead will occur 11 which will increase blood lead levels. No clear and reasonable warning is provided with the 12 Products regarding the health hazards of exposure. 13 23. Defendant has processed, marketed, distributed, offered to sell and/or sold the 14 Products in California since at least September 14, 2023 with respect to the Marco Polo BBQ 15 shrimp snacks, the Happy Elephant dried baby crabs with vegetable sauce, the Por Kwan mince 16 crabs in spices, and the Van Tho™Vietnamese brown rice vermicelli; and since at least September 17 18, 2023 with respect to the Super Brand dried ginger slices and the Butterfly Brand sweeten 18 mangoes. The Products continue to be distributed and sold in California without the requisite 19 warning information. 20 24. At all times relevant to this action, Defendant has knowingly and intentionally 21 exposed users and/or consumers of the Products to lead without first giving a clear and reasonable 22 exposure warning to such individuals. 23 25. As a proximate result of acts by Defendant, as a person in the course of doing 24 business within the meaning of H&S Code II 25249.11, individuals throughout the State of 25 California, including in San Francisco County, have been exposed to lead without a clear and 26 reasonable warning on the Products. The individuals subject to the violative exposures include 27 normal and foreseeable users and consumers that use the Products, as well as all others exposed to 28 the Products. -6- COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF — VIOLATION OF HEALTH & SAFETY CODE $ 25249.5 2 SATISFACTION OF NOTICE RKOUIRKMNTS 3 26. Plaintiff purchased the Products from Song Hy. At the time of purchase, Defendant 4 did not provide a Proposition 65 exposure warning for lead or any other Proposition 65 listed 5 chemical in a manner consistent with H&S Code tJ 25603.1 as described supra. 6 27. The Products were sent to a testing laboratory to determine if, and what amount of, 7 lead a consumer would be exposed to per serving size. 8 28. The laboratory provided the results of its analysis. Results of these tests determined 9 the Products expose users to lead (collectively, the "Chemical Test Reports" and each a "Chemical 10 Test Report" ). 11 29. Plaintiff provided the Chemical Test Reports and Products to an analytical chemist 12 to determine if, based on the findings of thc Chemical Test Reports and the reasonable and 13 foreseeable use of the Products, exposure to lead will occur at levels that require Proposition 65 14 warnings under the Clear and Reasonable Warnings section 25601 of Title 27 of the California 15 Code of Regulations. 16 30. On September 14, 2023, Plaintiff received from the analytical chemist an exposure 17 assessment report which concluded that persons in California who use the Marco Polo BBQ shrimp 18 snacks, the Happy Elephant dried baby crabs with vegetable sauce, the Por Kwan mince crabs 19 in spices, and the Van Tho™ Vietnamese brown rice vermicelli will be exposed to levels of lead 20 that require a Proposition 65 exposure warning. On September 18, 2023, Plaintiff received from 21 the analytical chemist an exposure assessment report which concluded that persons in California 22 who use the Super Brand dried ginger slices and the Butterfly Brand sweeten mangoes will be 23 exposed to levels of lead that require a Proposition 65 exposure warning. 24 31. On September 14, 2023 (Marco Polo BBQ shrimp snacks, the Happy Elephant 25 dried baby crabs with vegetable sauce, the Por Kwan mince crabs in spices, and the Van Tho™ 26 Vietnamese brown rice vermicelli) and September 18, 2023 (Super Brand dried ginger slices and 27 the Butterfly Brand sweeten mangoes), Plaintiff gave notice of alleged violation of Health and 28 Safety Code IJ 25249.6 (collectively, the "Notices" and each a "Notice" ) to Defendant concerning -7- COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF — VIOLATION OF HEALTH & SAFETY CODE (25249.5 the exposure of California citizens to lead contained in thc Products without proper warning, subject to a private action to Defendant and to the Calilornia Attorney General's office and the offices of the County District attorneys and City Attorneys for each city with a population greater than 750,000 persons wherein the herein violations allegedly occurred. See attached at Exhibits "A" — "F" a true and correct copy of each Notice. 32. The Notices complied with all procedural requirements of Proposition 65 including the attachment of a Certificate of Merit affirming that Plaintiff's counsel had consulted with at least one person with relevant and appropriate expertise who reviewed relevant data regarding lead exposure, and that counsel believed there was meritorious and reasonable cause for a private 10 action. 33. After receiving the Notices, and to Plaintiff s best information and belief, none of 12 the noticed appropriate public enforcement agencies have commenced and diligently prosecuted a 13 cause of action against Defendant under Proposition 65 to enforce the alleged violations which are 14 the subject of the Notices. 15 34. Plaintiff is commencing this action more than sixty (60) days from the date of the 16 each Notice to Defendant, as required by law. 17 FIRST CAUSE OF ACTION 18 (By Plaintiff against Defendant for the Violation of Proposition 65) 19 35. Plaintiff hereby repeats and incorporates by rel'erence paragraphs I through 34 of 20 this Complaint as though fully set forth herein. 21 36. Defendant has, at all times mentioned herein, acted as distributer, and/or retailer of 22 the Products. 23 37. Use of the Products will expose users to lead, a hazardous chemical found on the 24 Proposition 65 list of chemicals known to be hazardous to human health. 25 38. The Products do not comply with the Proposition 65 warning requirements. 26 39. Plaintiff, based on his best information and belief, avers that at all relevant times 27 herein, and since at least September 14, 2023 with respect to the Marco Polo BBQ shrimp snacks, 28 the Happy Elephant dried baby crabs with vegetable sauce, the Por Kwan mince crabs in spices, -8- COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVF. RELIEF — VIOLATION OF HEALTH & SAFETY CODE )25249.5 and the Van Tho™ Vietnamese brown rice vermicelli; and since at least September 18, 2023 with respect to the Super Brandtii dried ginger slices and the Butterfly Brand sweeten mangoes, continuing until the present, that Defendant has continued to knowingly and intentionally expose California users and consumers of the Product to lead without providing required warnings under Proposition 65. 40. The exposures that are the subject of the Notices result from the purchase, acquisition, and recommended use of the Products. The primary route of exposure to lead is through ingestion. When foods contaminated with lead are consumed, ingestion of lead will occur which will increase blood lead levels. No clear and reasonable warning is provided with the 10 Products regarding the health hazards of exposure. 41. Plaintiff, based on his best information and belief, avers that such exposures will 12 continue every day until clear and reasonable warnings are provided to purchasers and users or 13 until this known toxic chemical is removed from the Products. 14 42. Defendant has knowledge that the normal and reasonably foreseeable use of the 15 Products exposes individuals to lead, and Defendant intends that exposures to lead will occur by 16 its deliberate, non-accidental participation in the importation, distribution, sale and offering of the 17 Products to consmners in California 18 43. Plaintiff has engaged in good faith efforts to resolve the herein claims prior to this 19 Complaint. 20 44. Pursuant to Health and Safety Code tj 25249.7(b), as a consequence of the above 21 described acts, Defendant is liable for a maximum civil penalty of $ 2,500 per day per violation. 22 45. Pursuant to Health and Safety Code tj 25249.7(a), this Court is specifically 23 authorized to grant injunctive relief in favor of Plaintiff and against Defendant. 24 25 26 27 28 -9- COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF — VIOLATION OF HEALTH 4 SAFETY CODE tj25249.5 PRAYER FOR RELIEF WHEREFORE, Plaintiff demands judgment against Defendant and requests the following 3 relief: 4 A. That the court assess civil penalties against Defendant in the amount of $ 2,500 per 5 day for each violation for up to 365 days (up to a maximum civil penalty amount per 6 violation of $ 912,000.00) in accordance with Health and Safety Code tj 25249.7(b); 7 B. That the court preliminarily and permanently enjoin Defendant mandating 8 Proposition 65 compliant warnings on the Products; 9 C. That the court grant Plaintiff reasonable attorney's fees and costs of suit, in the 10 amount of $ 50,000.00. 11 D. That the court grant any further relief as may be just and proper. 12 Dated: March 14, 2024 BRODSKY SMITH 13 By: Evan J. Smith (SBN242352) 14 Ryan P. Cardona (SBN302113) 15 9595 Wilshire Boulevard, Suite 900 Beverly Hills, CA 90212 16 Telephone: (877) 534-2590 Facsimile: (310) 247-0160 17 18 Attorneys for Plaintiff 19 20 21 22 23 24 25 26 27 -10- COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF — VIOLATION OF HEALTH & SAFETY CODE )25249.5 EXHIBIT "A" LAW OPFICES BRODSKY SMITH 9595 WILSHIRE BLVD., STI'0ii BEVERLY HILI.S, CA 902 I2 877.534.2590 www.brosskysmsih.corn IVEW JERSEY OI'FICE NEW YORK OFFICE PENNSYLVANIA OFFICE 13 I 0 NORTH KINGS HIGIIWAY 240 MINEOLA BOUI.EVARD TWO BALA PLAZA, STE. 805 CHERRY HILL, NJ 08934 MINEOLA, NV»soi BALA C YNWYD, PA 19004 856.795.7250 5 I 674 I. 4977 6I0.667.6200 September 14, 2023 President/CEO President/CEO Golden Pacific Foods, Inc. Golden Pacific Foods, Inc. dba Marco Polo Brand c/o Ricky Lee c/o Ricky Lee 13895 Magnolia Ave. 13895 Magnolia Ave. Chino, CA 91710 Chino, CA 91710 President/CEO President/CEO Lucky Taro, Inc. dba Song Hy Supermarket Lucky Taro, Inc. c/o Kim Heng Lao c/o Kim Heng Lao 3385 Leonis Blvd. 3385 I.eonis Blvd. Vernon. CA 90058 Vernon, CA 90058 President/CEO/Owner Kim Heng Lao Song Hy Supermarket, Inc. 3385 Leonis Blvd. c/o Kim Heng Lao Vernon, CA 90058 3385 Leonis Blvd. Act'o Vernon, CA 60-Day Notice of Violation of California Safe Drinking Water and Toxic Enforcement Whom It May Concern: This Notice of Violation (the "Notice" ) California Health & Safety Code I 25249.7(d). is provided to you pursuant to and in compliance with Brodsky Smith represents Gabriel Espinoza ("Espinoza"), a citizen of the State of California acting in the interest of the general public to promote awareness of exposures to toxic chemicals from use of consumer products sold in Calil'ornia and to improve human health and the environment by reducing hazardous substances. With respect to the Product herein, Espinoza has identified a violation of California's Safe Drinking Water and Toxic Enforcement Act of 1986 (" Proposition 65") codified at Cal. Health & Safety Code I 25249.5, et seq. This violation has occurred and continues to occur because the alleged Violator(s) failed to provide a clear and reasonable health hazard warning in connection with the sale or use of the Product in California. Health & Safety Code I 25249.6 provides that "[n]o person in the course of doing business shall knowingly and intentionally expose any individual to a chemical known to the State to cause cancer or reproductive toxicity without first providing a clear and reasonable warning to such individual ..." Without proper warnings regarding the toxic effects of exposures to the Listed Chemical resulting from use of the Product, California citizens lack the information necessary to make informed decisions on whether and/or how to eliminate (or reduce) the risk of exposure to the Listed Chemical from the reasonably foreseeable usc of the Product. 'he public enforcement agencies that have been served with copies of this Notice are identified in the attached distribution list accompanying the Ccrtiticate of Service. I. DFSCRIPTIOiV OF Tl IE VIOLATION I. Enforcer: Gabriel Espinoza, 3924 Carl in Ave. Lynwood, CA 90262; (Ph) 424-2115-4896. 2. Alleged Violator(s): Golden Pacihc I'oods, Incu Golden Pacific Foods, inc, dba Marco Polo Brand; Lucky Taro, Inca Lucky Taro, Inc, dba Song Hy Supermarket; FGrn Heng Lao; Song Hy Supermarket, inc. 3. Time Period of Exposure: Violations have been occurring since at least September 14, 2023 and are continuing to this day. 4. Listed Chemical: Lead. Lead is listed under Proposition 65 as a chemical known to the State to cause cancer and birth defects or other reproductive harm. 5. Product: Product'BQ I Non- Exclusive Examples of the Product Shrimp Snacks Marco Polo BBQ Shrimp Snacks UPC¹ 024628510¹33 I. Description of Exposure: The exposures that are the subject of this Notice result from the purchase and recommended use of the Product. The primary route of exposure to the Listed Chemical is through ingestion. When foods contaminated with the Listed Chemical are consumed, ingestion of the Listed Chemical will occur which will increase BLLs. No clear and reasonable warning is provided with the Products regarding the health hazards of exposure to thc Listed Chemical. II. PROPOSITION 65 INFORMATION For the Violators'eference, enclosed is a copy of "Proposition 65: A Summary" that has been prepared by the Office of Environmental Health Hazard Assessment ("OEHHA"). For more information concerning the provisions of Proposition 65, contact GEHHA at 916.445.6900. HI. RFSOI.UTIOiV OF TIIE CLAIMS Based on the allegations set forth in this Notice, Brodsky Smith intends to file a citizen enforcement lawsuit on behalf of Espinoza against the alleged Violator(s) unless such Violator(s) agree in a binding written agreement to: (I) recall Products already sold; (2) provide Proposition 65 compliant exposure warnings for Products sold in the future or reformulate the Products to eliminate exposures to the Listed Chemical; and (3) pay an appropriate civil penalty based on the factors enumerated in Health ¹c Safety Code (j 25249.7(b). Consistent with the public interest goals of Proposition 65 and the desire to have these violations of California law quickly rectified, Espinoza is interested in seeking a constructive resolution of the claims in this Notice without engaging in costly and protracted litigation. z The specifically identified example of the Product in this Notice is to assist the recipients'nvestigation of, among other things, the magnitude of potential exposures to the Listed Chemical from other items within the definition of Products. This example is not intended to be an exhaustive or comprehensive identification of each specific offending Product. It is Espinoza's position that the alleged Violalors are obligated to conduct a good faith investigation into other Products that may have been manufactured, distributed, sold, shipped, stored (or otherwise within the alleged Violators'ustody or control) during the relevant period to ensure that requisite health hazard warnings were and are provided to California citizens prior to purchase and use. Espinoza has retained me as legal counsel in connection with this Notice. Please direct aB communications regarding this Notice to my attention at Brodsky Smith, 9595 Wilshire Blvd., Ste. 900, Beverly Hills, CA 90212, (877) 534-2590, esm ithlBbrodskysm ith.corn. Sincerely, Evan J. Smith Attachments Certificate of Merit Certificate of Service The Safe Drinking Water and Toxic Enforcement Action of 1986 (Proposition 65): A Summary EXHIBIT "B" LAW OFFICFS BRODSKY SMITH 9595 WILSHIRE BLVD, STE. 900 BEVERLY I I ILLS, CA 90212 877. 534.2590 www.biodskysniiikcem iVEW JERSEY OFFICE VEW YORK OFFICE PENNSYLVAVIA OFFICE 1310 NORTH KINCiS HIQHWAY 240 MINEOLA BOULEVARD TWO BALA PLAZA, STE. 805 CHERRY HILL, Ni 08934 MINEOLA, NY 11501 BALA CYNWYD, PA 19004 856.795.7250 516 741.4977 610.667 6200 September 14, 2023 President/CEO President/CEO Gulf Coast Sea Trade Corporation Lucky Taro, Inc. c/o Tuong Le c/o Kim Heng Lao 4483 Rowland Ave. 3385 Lennie Blvd. El Monte, CA 91731 Vernon, CA 90058 President/CEO Kim Heng Lao Lucky Taro, lnc. dba Song Hy Supermarket 3385 Leonis Blvd. c/o Kim lleng Lao Vernon, CA 90058 3385 Leonis Blvd. Vernon, CA 90058 President/CEO/Owner Song Ity Supermarket, Inc. c/0 Kim Heng Lao 3385 Leonis Blvd. Act'o Vernon, CA 60-Day Notice of Violation of California Safe Drinking Water and Toxic Enforcement Whom It May Conccm: This Notice of Violation (the "Notice" ) is provided to you pursuant to and in compliance with California Health k Safety Code I 25249.7(d). Brodsky Smith represents Gabriel Espinoza ("Espinoza"), a citizen of the State of California acting in the interest of the general public to promote awareness of exposures to toxic chemicals from use of consumer products sold in California and to improve human health and the environment by reducing hazardous substances. With respect to the Product herein, Espinoza has identified a violation of California's Safe Drinking Water and Toxic Enforcement Act of 1986 (" Proposition 65") codified at Cal. Health 84 Safety Code I 25249.5, et seq. This violation has occurred and continues to occur because the alleged Violator(s) failed to provide a clear and reasonable health hazard warning in connection with the sale or use of the Product in California. Health ifr Safety Code I 25249.6 provides that "[n]0 person in the course of doing business shall knowingly and intentionally expose any individual to a chemical known to the State to cause cancer or reproductive toxicity without first providing a clear and reasonable warning to such individual ..." Without proper warnings regarding the toxic effects of exposures to the l.isted Chemical resulting from use of the Product, California citizens lack the information necessary to make informed decisions on whether and/or how to eliminate (or reduce) the risk of exposure to the Listed Chemical from the reasonably foreseeable use of the Product. 'he public enforcement agencies that have been served with copies of this Notice are identified in the attached distribution list accompanying the Certificate of Service. 1. DESCRIPTION OF THE VIOLATION 1. Enforcer: Gabriel Espinoza, 3924 Carlin Ave, Lynwood, CA 90262; (Ph) 424-285-4896. Z. Alleged Violator(s): Gulf Coast Sea Trade Corporation; Lucky 'faro, inca Lucky Taro, inc. dba Song Hy Supermarket; Kim Heng Lao; Song Hy Supermarket, Inc. 3. Time Period of Exposure: Violations have been occurring since at least September 14, 2023 and are continuing to this day. 4. Listed Chemical: Lead. Lead is listed under Proposition 65 as a chemical known to the State to cause cancer and birth defects or other reproductive harm. 5. Product: Product'ried Non- Exclusive Examples of the Product Baby Crabs with Vegetable Sauce I-leppy Elephant Dried Baby Crabs with Vegetable Sauce UPC¹ 813760016293 6. Description of Exposure: The exposures that are the subject of this Notice result from the purchase and recommended use of the Product. The primary route of exposure to the Listed Chemical is through ingestion. When foods contaminated with the I.isted Chemical are consumed, ingestion of the Listed Chemical will occur which will increase BLLs. No clear and reasonable warning is provided with thc Products regarding the health hazards of exposure to the Listed Chemical. IL PROPOSITION 65 INFORMATION For the Violators'eference, enclosed is a copy of "Proposition 65: A Summary" that has been prepared by the Office of Environmental Health Hazard Assessment ("OEHHA"). For more information concerning the provisions of Proposition 65, contact OEHHA at 9 I 6.445.6900. ill. RESOLUTION OF THE CLAIMS Based on the allegations set forth in this Notice, Brodsky Smith intends to file a citizen enforcement lawsuit on behalf of Espinoza against the alleged Violator(s) unless such Violator(s) agree in a binding written agreement to: (I) recall Products already sold; (2) provide Proposition 65 compliant exposure warnings for Products sold in the future or reformulate the Products to eliminate exposures to the Listed Chemical; and (3) pay an appropriate civil penalty based on the factors enumerated in Health & Safety Code ) 25249.7(b). Consistent with the public interest goals of Proposition 65 and the desire to have these violations of California law quickly rectified, Espinoza is interested in seeking a constructive resolution of the claims in this Notice without engaging in costly and protracted litigation. 2 The specifically identified example ot'the Product in this Notice is to assist the recipients'nvestigation of, among other things, the magnitude of potential exposures to the Listed Chemical from other items within the definition of Products. This example is not intended to be an exhaustive or comprehensive identification of each specific offending Produck lt is Espinoza's position that the alleged Violators are obligated to conduct a good faith investigation into other Products that may have been manufactured, distributed, sold, shipped, stored (or otherwise within the alleged Violators'ustody or control) during the relevant period to ensure that requisite health hazard warnings were and are provided to California citizens prior to purchase and use. Espinoza has retained me as legal counsel in connection with this Notice. Please direct all communications regarding this Notice to my attention at Brodsky Smith, 9595 Wilshire Blvd., Ste. 900, Beverly Hills, CA 90212, (877) 534-2590, esmith brodskysmith.corn. Sincerely, Evan J. Smith Attachments Certificate of Merit Certiticate of Service The Safe Drinking Water and Toxic Enforcement Action of 1986 (Proposition 65): A Summary EXHIBIT "C" I.AW OFFICES BROD SKY SMITH 9595 WII.SHIRE BLVD., STF. 900 BEVERLY IBLLS, CA 90212 877.534.2590 www brosskysmiih corn NEW JERSEY OFFICE NFW YORK OFFICE PFNNSYLVAN IA OFFICE 1310 NORTII KINGS HIGHWAY 240 MINEOI.A BOUI.PVARD TWO BALA PLAZA, STE. 805 CHERRY HILL, Nl 08934 MINFOLA, NY 11501 BALA CYNWYD, PA 19004 856.795.7250 516.741 4977 610.667.6200 September 14, 2023 President/CEO President/CEO NR. Instant Produce Public Co., Ltd. Lucky Taro, Inc. No. 99/I Moo 4 c/o Kirn Heng Lao Sub District Kaerai Krathumban 3385 Leonis Blvd. Samut Sakhan 74110 Vernon, CA 90058 THAILAND President/CEO Kim Heng Lao Lucky Taro, Inc. dba Song Hy Supermarket 3385 Leonis Blvd. c/o Kim Heng Lao Vernon, CA 90058 3385 Leonis Blvd. Venion, CA 90058 President/CEO/Owner Song Hy Supermarket, Inc. c/o Kim Heng Lao 3385 Leonis Blvd. Act'o Vernon, CA 60-Day Notice of Violation of California Safe Drinking Water and Toxic Enforcement Whom lt May Concern: California Health 84 Safety Code I 25249.7(d). Brodsky Smith represents Gabriel Espinoza ("Espinoza"), a citizen of the State of California This Notice of Violation (the "Notice" ) is provided to you pursuant to and in compliance with acting in the interest of the general public to promote awareness of exposures to toxic chemicals from use of consumer products sold in California and to improve human health and the environment by reducing hazardous substances. With respect to thc Product herein, Espinoza has identified a violation of California's Safe Drinking Water and Toxic Enforcement Act of 1986 (" Proposition 65") codified at Cal. Health k Safety Code I 25249.5, et seq. This violation has occurred and continues to occur because the alleged Violator(s) failed to provide a clear and reasonable health hazard warning in connection with the sale or use of the Product in California. Health Et Safety Code ) 25249.6 provides that "[n)o person in the course of doing business shall knowingly and intentionally expose any individual to a chemical known ta the State to cause cancer or reproductive toxicity without first providing a clear and reasonable warning to such individual ..." Without proper warnings regarding the toxic etTects of exposures to the Listed Chemical resulting from use of the Product, California citizens lack the information necessary to make informed decisions on The public enforcement agencies that have been served with copies of this Notice are identified in the attached distribution list accompanying the Certificate of Service. whether and/or how to eliminate (or reduce) the risk of exposure to the Listed Chemical from the reasonably forcsccable use of the Product. L DESCRIPTION OF THE VIOLATION 1. Enforcer: Gabriel Espinoza, 3924 Carlin Ave. Lynwood, CA 90262; (Ph) 424-285-4896. 2. Alleged Violator(s): NR. Instant Produce Public Co., Ltdu Lucky Taro, Incu Lucky Taro, Inc. dba Song Hy Supermarket; Kim Heng Lao; Song Hy Supermarket, Incu 3. Time Period of Exposure: Violations have been occurring since at least September 14, 2023 and are continuing to this day. 4. Listed Chemical: Lead. Lead is listed under Proposition 65 as a chemical known to thc State to cause cancer and birth defects or other reproductive harm. 5. Product: Product'ince I Non- Exclusive Examples of the Product Crab in Spices Por Kwan Mince Crab in Spices UPC¹ 8850643004642 1. Description of Exposure: The exposures that are the subject of this Notice result from the purchase and recommended use of the Product. The primary route of exposure to the Listed Chemical is through ingestion. When foods contaminated with the Listed Chemical are consumed, ingestion of the L,isted Chemical will occur which will increase BLLs. No clear and reasonable warning is provided with the Products regarding the health hazards of exposure to the Listed Chemical. IL PROPOSITION 65 INFORMATION For the Violators'eference, enclosed is a copy of "Proposition 65: A Summary" that has been prepared by the Office of Environmental Health Hazard Assessment ("OEI-IHA"). For more information concerning the provisions of Proposition 65, contact OEHHA at 916.445.6900. IIL RESOLUTION OF TIIE CLAIMS Based on the allegations set forth in this Notice, Brodsky Smith intends to file a citizen enforcement lawsuitCalifornia on behalf of Espinoza against the alleged Violator(s) unless such Violator(s) agree in a binding written agreement to: (I) recall Products already sold; (2) provide Proposition 65 compliant exposure warnings for Products sold in the future or reformulate the Products to eliminate exposures to the Listed Chemical; and (3) pay an appropriate civil penalty based on the factors enumerated in Health /k Safety Code t) 25249.7(b). Consistent with the public interest goals of proposition 65 and the desire to have these violations of law quickly rectified, Espinoza is interested in seeking a constructive resolution of the claims in this Notice without engaging in costly and protracted litigation. 2 The specifically identified example of the Product in this Notice is to assist the recipients'nvestigation of, among other things, the magnitude of potential exposures to the Listed Chemical from other items within the definition of Products. This example is not intended to be an exhaustive or comprehensive identification of each specific offending Product. It is Espinoza's position that the alleged Violators are obligated to conduct a good faith investigation into other Products that may have been manufactured, distributed, sold, shipped, stored (or otherwise within the alleged Violators'ustody or control) during the relevant period to ensure that requisite health hazard warnings were and are provided to California citizens prior to purchase and use. Espinova has retained me as legal counsel in connection with this Notice. Please direct all communications regarding this Notice to my attention at Brodsky Smith, 9595 Wilshire Blvd., Ste. 900, Beverly Hills, CA 902(2, (877) 534-2590, esmith brodskysmith.corn. Sincerely, Evan Attachments Certificate of Merit Certificate of Service The Safe Drinking Water and Toxic Enforcement Action of 1986 (Proposition 65): A Summary EXHIBIT "D" LAw orricns BROD SKY SMITH 9595 WILSI IIRE BI,VD., STE. 900 BEVERLY HILLS, CA 90212 877.534,2590 www.brodstysrmrb.corn IYEW JERSEY OFI'ICE NEW YORK OFFICE PENNSYLVAI4IAOFFtCE 1310 NORTH KINGS HIGHWAY 240 MINEOI.A BOULEVARD TWO BALA PLAZA, STE. 805 CkIERRY k(II.L, NJ 08934 MINEOLA, NY H501