Alameda County District Attorney's Office
Nancy E. O'Malley, District Attorney

Meet DA Nancy E. O'Malley

March 2018

DA Nancy O’Malley Announces Settlement with Costco and SF Gourmet Coffee Mar 19, 2018

Alameda County DA Nancy O'Malley Announces Settlement over the Misleading an Untrue Claims of Plastic Coffee Pods

Alameda County District Attorney Nancy E. O’Malley announced today that her office, along with 24 other District Attorney’s Offices in California, settled a consumer protection action against Costco Wholesale Corporation, Inc., and JBR, Inc., a coffee company headquartered in Roseville, CA, which does business as San Francisco Bay Gourmet Coffee and the Rogers Family Company. The settlement was based on allegations that the companies sold plastic coffee pods, labeled with untrue and misleading marketing claims, including statements related to biodegradability and compostability. A stipulated final judgment settling the matter was issued by Alameda County Superior Court Judge Morris Jacobson.

“California consumers trying to help reduce the problem of plastic waste in landfills are often misled to believe that plastic products labeled as ‘biodegradable’ will break down in municipal trash,” says District Attorney O’Malley, “But most landfills prevent biodegradation. In order to prevent misleading consumers, the Legislature banned the sale of plastic products labeled with language implying they will biodegrade.”

O’Malley stated that consumers interested in diverting plastic waste from landfills to municipal composting facilities should look for products that are labeled as having met scientific compostability standards (specifically, a compostable plastics certification called 'ASTM D6400').

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DA O’Malley Announces $27.84M Settlement with Home Depot Mar 8, 2018

Home Depot to Pay $27.84 Million Settlement for Environmental and Customer Privacy Violations

Alameda County District Attorney Nancy E. O’Malley, California Attorney General Xavier Becerra, and eight other prosecutor’s offices throughout the state, announced today that Alameda County Superior Court Judge Brad Seligman has ordered Georgia-based Home Depot USA, Inc. (“Home Depot”), to pay $27.84 million to resolve allegations that Home Depot unlawfully disposed of hazardous wastes, and discarded records without rendering private customer information unreadable.

“Today’s settlement marks a victory for both environmental and consumer protection throughout California,” states DA O’Malley.

“My Office works tirelessly to investigate and prosecute companies large and small that endanger our precious resources by illegally disposing of hazardous waste. We also strive to ensure that consumers’ privacy and security is maintained and protected. I thank Attorney General Becerra and my fellow District Attorneys for their partnership on these important matters.”

The judgment is the culmination of a civil enforcement action filed on February 15th in Alameda County and led by the Alameda County District Attorney’s Office, the California Attorney General’s Office, the District Attorneys of Monterey, Riverside, San Diego, San Joaquin, Santa Clara, Ventura and Yolo, and the City Attorney of Los Angeles, with assistance by the Department of Toxic Substances Control.

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