TO: WEIGHTS AND MEASURES OFFICIALS District Attorneys
CALIFORNIA DEPARTMENT OFFOOD & AGRICULTUREKaren Ross, SecretoryOctober 14, 2015DMS NOTICEQC - 15 -10DISCARD: RETAINTO:WEIGHTS AND MEASURES OFFICIALSSUBJECT:Settlement – The Procter & Gamble Company, an Ohio CorporationEnclosed is a copy of the Notice of Entry of Final Judgment and the Stipulated FinalJudgment issued against The Procter & Gamble Company, an Ohio Corporation. The casewas filed on June 25, 2015, by the Yolo County District Attorney Office in conjunction with theDistrict Attorneys’ offices of Fresno, Shasta, Riverside, and Sacramento for labeling violationsand deceptive packaging, in violation of California Business and Professions Code Section12602 and 12606 respectively.The California Department of Food and Agriculture, Division of Measurement Standardsworked with weights and measures investigators from the counties of Sacramento and Yolo onthis case. The total settlement was for 850,000. Civil penalties amounted to 728,000,agency costs were 72,000, and cy pres restitution in the amount of 50,000 was placed in theConsumer Protection Prosecution Trust Fund.Yolo County should report these penalties on the County Monthly Report. All participatingcounties should separately record their individual investigative cost reimbursements in theappropriate columns on the report.We appreciate the fine work done by the District Attorneys’ Offices along with the state andcounty investigators that documented and caused to be prosecuted these violations. If youhave any questions, please contact Katherine de Contreras, Supervising Special Investigator,Enforcement Branch at (916) 229-3047, or n J. MaceyDirectorEnclosurecc: Gary Leslie, County/State Liaison, CDFACDFA Division of Measurement Standards 6790 Florin-Perkins Road, Ste. 100 Sacramento, CA 95828-1812State of CaliforniaTelephone: 916.229.3000 Fax: 916.229-3026 www.cdfa.ca.gov/dmsEdmund G. Brown Jr., Governor
1234567sJEFF W. REISIGDistrict Attorney, County of YoloLAWRENCE BARLLY, State Bar No. 114456Supervising Deputy District Attorney301 Second StreetWoodland, CA 95695Telephone: (530) 666-8180FI l EDYOLO SUPERIOR COi !R JUN 2 5 2015J; McBRIDEDeputyLISA A SMITTCAMPDistrict Attorney, County of FresnoEDWARD T. BROWNE, State Bar No. 167638Deputy District Attorney929 L StreetFresno, CA 93 721Telephone: (559) 600-31569STEPHENS. CARLTON1011121314District Attorney, County of ShastaANAND "LUCKY" JESRANI State Bar No. 238252Deputy District Attorney1355 West StreetRedding, CA 96001Telephone: (530) 245-6300MICHAEL A HESTRINDistrict Attorney, County of Riverside17ELISE FARRELL, State Bar No. 100929Sr. Deputy District Attorney3960 Orange StreetRiverside, CA 92501Telephone: (951) 955-540018Attorneys for the People1516SUPERIOR COURT OF THE STATE OF CALIFORNIACOUNTY OF YOLO192021THE PEOPLE OF THE STATE OF CALIFORNIA,22232425Case No. CV 15-868Plaintiff vs.THE PROCTOR & GAMBLE COMP ANY, an OhioCorporation,NOTICE OF ENTRYOF FINAL JUDGMENTD efendant.2627PLEASE TAKE NOTICE THAT the Entry of Final Judgment in the above-entitled case,2scase CV 15-868, was filed on June 24, 2015 in the Yolo County Superior Collli and was signed
1by the Honorable Timothy L. Fall, Judge of the Superior Court. A copy is attached hereto an2by this reference made a part thereof.3DATED: June 25 , FF W. REISIGDISTRICT ATTORNEY
l JEFF W. REISIGDistrict Attorney, County of Yolo2 LAWRENCE BARLLY, State Bar No. 114456Supervising Deputy District Attorney3 301 Second StreetWoodland, CA 956954 Telephone: (530) 666-81805 LISA A. SMITTCAMPDistrict Attorney, County of Fresno6 EDWARDT. BROWNE, StateBarNo.167638Deputy District Attorney7 929 L StreetFresno, California 93 7218 Telephone: (559) 600-3156FILEDYOLO ·su PER \OR COURTJUN 2 4 20i5\p.J "" · f:.:., .· . : ; - : J\ i\·lBY --;::-; ;:;-;-;:;:"v"DEPUTY9 STEPHENS . CARLTONDistrict Attorney, County of Shasta10 ANAND "LUCKY," JESRANI, State Bar No. 238252Deputy District Attorney11 1355 West StreetRedding, CA 9600112 Telephone: (530) 245-630013 MICHAEL A . HESTRINDistrict Attorney, County of Riverside14 Elise Farrell, State Bar No. 100929Sr. Deputy District Attorney15 3960 Orange StreetRiverside, CA 9250116 (951)955-540017 Attorneys for Plaintiff1819SUPERIOR COURT OF CALIFORNIA, COUNTY OF YOLOTHE PEOPLE OF THE STATE OF CALIFORNIA,Plaintiff,202122N O.CV1'.) - '6c.uiSTIPULATED FIN ALJUDGMENTvs.THE PROCTER & GAMBLE COMPANY, an OhioCorporation,Defendant.24Plaintiff, THE PEOPLE OF THE STATE OF CALIFORNIA (hereafter "Plaintiff or the26 "PEOPLE"), having filecl its complaint herein, by and throl1gh its rtttorneys authori zed to act on27 b elrnlf of th e PEOPLE, JEFF W. RElSIG, District Attorney of Yolo County, by LAWRENCE28 BARLLY, S up erv isin g D eputy District Attorney; LISA A. SMITTCA1vIP , District Attorney of
12345Fresno County; by EDWARD T. BROWNE, Deputy District Attorney; STEPHENS. CARLTON,District Attorney of Shasta County; by ANAND "LUCKY" JESRANI, Deputy District Attorney;MICHAEL A. HESTRIN, District Attorney of Riverside County, by ELISE FARRELL, Sr. DeputyDistrict Attorney; and Defendant PROCTER & GAMBLE COMPANY ("PROCTER & GAMBLE"or "Defendant"), an Ohio corporation appearing through its attorneys, ORRICK, HERRINGTON &67SUTCLIFFE LLP, by MCGREGOR W. SCOTT, Attorney at Law; with the parties having waivedtheir right of appeal; and the Court having considered the pleadings and good cause appearing89therefore;IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:10JURISDICTION11121.This Court has jurisdiction over the subject matter hereof and the parties hereto.13APPLICABILITY1415161718192021222.This Stipulated Final Judgment ("Final Judgment") is applicable to PROCTER &GAMBLE, its officers, directors, representatives, successors, assignees, and all persons,partnerships, corporations, and other entities acting under, by tlu·ough, on behalf of, or in concertwith PROCTER & GAMBLE, with ach1al or constructive knowledge of this Final Judgment. ThisFinal Judgment is also applicable to any and all subsidiaiies of PROCTER & GAMBLE and itsrespective officers, directors, representatives, successors, assignees and all persons, partnerships,corporations, and other entities acting under, by through, on behalf of, or in concert with any suchsubsidiary with actual or constructive knowledge of this Final Judgment.INJUNCTIONPursuant to Business and Professions Code sections 17203 and 17535, PROCTER &2425 GAMBLE is permanently enjoined and restrained from packaging or caus ing PROCTER &26 GA:tvIBLE products, c1s defined in parngrnph 4, (hereinafter PROCTER & GAMBLE products or2728Page 2 of6'T"L1"\1r, 1r-.,
1"products") to be packaged in violation of California Business and Professions Code §§ 17200 and217500, which includes, but is not limited to, the following:3a)4section 12602(a).5b)6c)81013141516Packaging products in violation of California Business and Professions Codesection 12606(b).912Packaging products in violation of California Business and Profess ions Codesection 12606(a).711Packaging products in violation of California Business and Professions Code4.d)Packaging products in violation of Health and Safety Code section l 10375(a).e)Packaging products in violation of Health and Safety Code section l 10375(b).PROCTER & GAMBLE products ("PRODUCTS") are defined as PROCTER &GAMBLE packages for the Olay product line that are offered for sale to California consumers andare distributed or manufachired by PROCTER & GAMBLE and/or are labeled with PROCTER &GAMBLE's Olay name, logo, trademark, and/or brand, including any variations or substitutions ofthe products that are mate1ially the same as the Olay product line effective as of the filing of thisFinal Judgment.1718lvJANUFA CTURING PERIOD192021225.PROCTER & GAMBLE shall not offer for sale any PRODUCTS if those productswere manufactured and packaged on or after January 1, 2018 unless those products are incompliance with paragraph 3 above.111ONETARY PROVISIONS24r )6.Defendant shall pay a total of 850,000.00.00 in settlement of this matter as set forthb elow and pursuant to Business and Professions Code sections 12015.5, l 7206 and 17536. Delivery26 shall be m ade, on or before th e expiration of sixty (60) clays following Entry of Judgment, to the2728Pnge 3 of6
Office of the Fresno County District Attorney, 929 L Street, Fresno, CA 93 721, attention Edward T.2Browne. Payment shall be made as follows:34a)A check for 194,000.00 payable to the Fresno County District Attorney's Office ofwhich 182,000.00 is for civil penalties and 12,000.00 is for costs;56b)A check for 194,000.00 payable to the Yolo County District Attorney's Office ofwhich 182,000.00 is for civil penalties and 12,000.00 is for costs;78910111213141516171819202122c)A check for 194,000.00 payable to the Shasta County District Attorney's Office ofwhich 182,000.00 is for civil penalties and 12,000.00 is for costs;d)A check for 194,000.00 payable to the Riverside County District Attorney's Officeof which 182,000.00 is for civil penalties and 12,000.00 is for costs.e)A check for payable to the Sacramento County District Attorney's Office of 12,000.00 for costs.f)As reimbursement for the costs of investigation, Defendant shall make checkspayable to the following agencies in the following amounts :Sacramento County Depmiment of Weights & Measures: 5,000.00Yolo County Agricultural Commissioner: 5,000.00State of California, Depaiiment of AgricultureDepaiiment of Measurement Standards:7. 2,000.00Recognizing the infeasibility of identifying injured consumers who suffered actualloss, the impracticality of providing direct restitution to said consumers, and the dispropo1iionatecost of making restitution to individual consumers, which would far exceed the benefit consumerswould gain, the Defendants shall pay, pursuant to Business & Professions Code §§17203 and 17535,cy pres restitution in the sum of 50,0000. Said cy pres restitution shall be distributed to the24Consumer Protection Prosecution Trust Fund established in the case of People v. ITT ConsumerFinancial Corporati on (Alameda Superior Court No. 656038 0). The payment required under this26paragraph shall be delivered to the Fresno County District Attorney's Office, 929 L Street, Fresno,2728Page 4 of 6
California 93291 to the attention of Edward T. Browne Deputy District Attorney, for distribution to2345678910111213141516171819202122the Consumer Protection Prosecution Trust Fund.8.Except as otherwise expressly provided herein, each party shall bear its ownattorneys' fees and costs.9.If an ambiguity arises regarding any provisions of the Stipulated Final Judgment thatrequires interpretation, there is no presumption that documents should be interpreted against anyparty. The presumption set forth in Civil Code section 1654 is not applicable.10.The failure of the Plaintiff to enforce any provision of this Stipulated Final Judgment,shall neither be deemed a waiver of such provision, nor shall it in any way affect the validity of thisFinal Judgment. The failure of the Plaintiff to enforce any provision shall not preclude it from laterenforcing the same or other provisions of this Final Judgment.11.Jurisdiction is retained for the purpose of enabling any party to the Stipulated FinalJudgment to apply to the Court for such further orders and directions as may be necessary andappropriate for the construction and canying out of the Stipulated Final Judgment, for themodification or dissolution of any injunctive provisions hereof, for enforcement of complianceherewith, or for the punislunent of violations hereof.12.As to the matters alleged in the Complaint, Defendant does not admit liability orwrongdoing. This Final Judgment is a full and final settlement of, and release of, all known civilclaims and remedies by or on behalf of THE PEOPLE OF THE STATE OF CALIFORNIA thatwere, or could have been, brought against PROCTER & GAMBLE under Business and ProfessionsCode section 17200 et seq. pe1iaining to its compliance wi th Business and Professions Code section12606 and Health and Safety Code section 11037 5, up to and including the date of entry of thisJudgment. This Final Judgment provides full, fair and adequate relief to protect the interests of24Plaintiff and members of the public who may have been misled by the packaging of the PROCTER& GAMBLE PRODUCTS referred to in the complaint at any time prior to, and including the date of26entry of thi s Final Judgment.2728Page: 5 of6
13.2345The parties waive the right to appeal this Stipulated Final Judgment as to both formand content and the serving and filing of a notice of Entry of Judgment.14.Except as otherwise expressly provided herein, each party shall bear its ownattorney's fees and costs.15.The clerk is directed to enter this Stipulated Final Judgment fo1ihwith.67DATED:89JUDGE OF THE SUPERIOR ge G of G
''SUPERIOR COURT No. CV 15-868PROOF OF SERVICEI, RACHEL HUNTER, declare:I am a citizen of the United States and a resident of the county of Yolo; I am overthe age of eighteen years and not a party to the within entitled action; my businessaddress is 301 Second Street, ·w oodland, California 95695. On June 25, 2015, I servedthe within document: NOTICE OF ENTRY OF FINAL JUDGMENTby placing a true copy of the above document in a sealed envelope anddeposited the same at the Yolo County Mail Room for posting thisbusiness day, in the United States mail at Woodland, California, addressedas follows:Mr. McGregor Scott, Esq.Orrick, Herrington & Sutcliffe LLP400 Capitol Mall, Suite 3000Sacramento, CA 95814-4497I declare under penalty of perjury that the foregoing is true and correct.Executed on June 25, 2015 at Woodland, California.Original Signed By:RACHEL HUNTER
Office of the Fresno County District Attorney, 929 L Street, Fresno, CA 93 721, attention Edward T. Browne. Payment shall be made as follows: a) A check for 194,000.00 . payable to the Fresno County District Attorney's Office of which 182,000.00 . is for civil penalties and 12,000.00 . is for costs; b) A check for 194,000.00
3 The Weights and Measures (Electricity Meters) Rules, 2015. (Under sections 22 and 43 of the Weights and Measures Act, Cap. 103) IN EXERCISE of the powers conferred on the Minister responsible for trade by sections 22 and 43 of the Weights and Measures Act, Cap 103, these Rules are made this 22nd day of May,
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I can lift heavy weights without extra pain. I can lift heavy weights but it causes extra pain. Pain prevents me from lifting heavy weights off the floor. I can only lift very light weights. Pain prevents me from lifting heavy weights off the floor, but I can manag
Weights and Measures Act 1985(a) and section 2(2) of the European Communities Act 1972(b) makes the following Regulations. In accordance with section 86(2)(b) of the Weights and Measures Act 1985, the Secretary o
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The Office of Weights and Measures is grateful for the contributions made by the Scale Manufacturers Association, the Gasoline Pump Manufacturers Association, the National Scale Men's Association, and the Task Force on Metrication of the National Conference on Weights and Measures. In this as in all aspects o
164 * Ford tool box and bracket 165 * 14x40KG Ford 8210 front weights 166 * 22x45KG New Holland 8360 front weights 167 * Ford 4000 front weights x 5 168 * Ford 7000 front weights x 5 169 * Ford 6600 drawbar and drawbar bracket 170 * Ford 6600 weight tray LIVESTOCK EQUIPMENT 171-176 * Qty Electric fence stakes x 50 (6 Lots)
