Prop 65 notice 2018-00709: Burlington Coat Factory

What happened after this notice

Reported to the Attorney General by the party that filed the notice, as of November 12, 2026. A settlement is not an admission and not a finding that anyone broke the law.

1. Supplemental Complaint, October 30, 2018

   Defendant

   Burlington Coat Factory Investments Holdings, Inc., DBA Burlington Coat Factory Direct Corporation, Burlington Stores, Inc.,; Burlington Coat Factory Warehouse Corporation; Burlington Store #00316; Burlington Store #00772; Burlington Coat Factory; Burlington Store 780

   Case

   Consumer Advocacy Group, Inc. v. Burlington Coat Factory...

   Court

   Alameda County Superior Court, RG18916514

   Relief sought

   Warning, Civil Penalty, Injunction

   Official document

   PDF at oag.ca.gov

2. Settlement, April 19, 2023

   Defendant

   Burlington Coat Factory of Texas, Inc.

   Case

   Consumer Advocacy Group, Inc v. Burlington Coat Factory Inv

   Court

   Alameda County Superior Court, RG18916514

   Total payments

   $90,000.00

   Civil penalty

   $10,360.00

   Attorney fees and costs

   $72,000.00

   Payment in lieu of penalty

   $7,640.00 (Settling Defendant shall issue one check for seven thousand six hundred and forty dollars ($7,640.00) to “Consumer Advocacy Group, Inc.” pursuant to Health & Safety Code § 25249.7(b) and California Code of Regulations, Title 11 § 3203(d). CAG will use this portion of the Total Settlement Payment as follows, eighty percent (80%) for fees of investigation, purchasing and testing for the Proposition 65 Listed Chemical in various products, and for expert fees for evaluating exposures through various mediums, including but not limited to consumer product, occupational, and environmental exposures to the Proposition 65 Listed Chemical, and the cost of hiring consulting and retaining experts who assist with the extensive scientific analysis necessary for those files in litigation and to offset the costs of future litigation enforcing Proposition 65 but excluding attorney fees; twenty percent (20%) for administrative costs incurred during investigation and litigation to reduce the public’s exposure to the Proposition 65 Listed Chemicals by notifying those persons and/or entities believed to be responsible for such exposures and attempting to persuade those persons and/or entities to reformulate their products or the source of exposure to completely eliminate or lower the level of the Proposition 65 Listed Chemicals including but not limited to costs of documentation and tracking of products investigated, storage of products, website enhancement and maintenance, computer and software maintenance, investigative equipment, CAG’s member’s time for work done on investigations, office supplies, mailing supplies and postage. Within 30 days of a request from the Attorney General, CAG shall provide to the Attorney General copies of documentation demonstrating how the above funds have been spent. CAG shall be solely responsible for ensuring the proper expenditure of such additional settlement payment.)

   Terms

   After the Effective Date, Settling Defendants shall not order any Covered Products for sale into California, with any component that contains the Listed Chemical(s) in excess of 0.1% (1,000 parts per million) by weight. Any Covered Products that Settling Defendant sells, distributes, or ships for sale into California after the Effective date that were ordered prior to the Effective Date must contain a clear and reasonable warning, consistent with 27 CCR section 25600 et seq., unless it contains no more than 0.1% by weight (1,000 ppm) of the Listed Chemical(s). Any warnings provided pursuant to this Section 3.2 shall be affixed to the packaging of, or directly on, or attached to the Covered Products, and be prominently placed with such conspicuousness as compared with other words, statements, designs, or devices as to render it likely to be read and understood by an ordinary individual under customary conditions before purchase or use. Should Defendant sell or distribute any Covered Product through the internet or provide retail display material, the warning will be posted at each point of display of the product or in the manner provided for with respect to internet sales, as provided for in 27 CCR sections 25601 and 25602, as they may be subsequently amended. Covered Products already distributed to Downstream Defendant Releasees prior to the Effective Date may continue to be sold through as is.

   Official document

   PDF at oag.ca.gov

3. Judgment, October 20, 2023

   This judgment was entered on a settlement. Its payment is the settlement's payment and not an added one.

   Defendant

   Burlington Coat Factory of Texas, Inc.

   Case

   Consumer Advocacy Group, Inc. v. Burlington Coat Factory...

   Court

   Alameda County Superior Court, RG18916514

   Total payments

   $90,000.00

   Civil penalty

   $10,360.00

   Attorney fees and costs

   $72,000.00

   Payment in lieu of penalty

   $7,640.00 (Settling Defendant shall issue one check for seven thousand six hundred and forty dollars ($7,640.00) to “Consumer Advocacy Group, Inc.” pursuant to Health & Safety Code § 25249.7(b) and California Code of Regulations, Title 11 § 3203(d). CAG will use this portion of the Total Settlement Payment as follows, eighty percent (80%) for fees of investigation, purchasing and testing for the Proposition 65 Listed Chemical in various products, and for expert fees for evaluating exposures through various mediums, including but not limited to consumer product, occupational, and environmental exposures to the Proposition 65 Listed Chemical, and the cost of hiring consulting and retaining experts who assist with the extensive scientific analysis necessary for those files in litigation and to offset the costs of future litigation enforcing Proposition 65 but excluding attorney fees; twenty percent (20%) for administrative costs incurred during investigation and litigation to reduce the public’s exposure to the Proposition 65 Listed Chemicals by notifying those persons and/or entities believed to be responsible for such exposures and attempting to persuade those persons and/or entities to reformulate their products or the source of exposure to completely eliminate or lower the level of the Proposition 65 Listed Chemicals including but not limited to costs of documentation and tracking of products investigated, storage of products, website enhancement and maintenance, computer and software maintenance, investigative equipment, CAG’s member’s time for work done on investigations, office supplies, mailing supplies and postage. Within 30 days of a request from the Attorney General, CAG shall provide to the Attorney General copies of documentation demonstrating how the above funds have been spent. CAG shall be solely responsible for ensuring the proper expenditure of such additional settlement payment.)

   Terms

   After the Effective Date, Settling Defendants shall not order any Covered Products for sale into California, with any component that contains the Listed Chemical(s) in excess of 0.1% (1,000 parts per million) by weight. Any Covered Products that Settling Defendant sells, distributes, or ships for sale into California after the Effective date that were ordered prior to the Effective Date must contain a clear and reasonable warning, consistent with 27 CCR section 25600 et seq., unless it contains no more than 0.1% by weight (1,000 ppm) of the Listed Chemical(s). Any warnings provided pursuant to this Section 3.2 shall be affixed to the packaging of, or directly on, or attached to the Covered Products, and be prominently placed with such conspicuousness as compared with other words, statements, designs, or devices as to render it likely to be read and understood by an ordinary individual under customary conditions before purchase or use. Should Defendant sell or distribute any Covered Product through the internet or provide retail display material, the warning will be posted at each point of display of the product or in the manner provided for with respect to internet sales, as provided for in 27 CCR sections 25601 and 25602, as they may be subsequently amended. Covered Products already distributed to Downstream Defendant Releasees prior to the Effective Date may continue to be sold through as is.

   Official document

   PDF at oag.ca.gov