/PRNewswire/ -- The following statement is being issued by Blood, Hurst & O'Reardon, LLP regarding Gemelas v. The Dannon Company.
For more information call 1.888.418.6122. Do NOT call Dannon.
A proposed settlement has been reached in a class action lawsuit about Dannon's advertising for Activia® and DanActive® branded products ("Products") and their benefits from "probiotic" bacteria. The lawsuit claims the advertising was not true. Dannon stands by its advertising and denies it did anything wrong. However, Dannon has settled to avoid the cost and distraction of litigation. If you're a Class Member, you could receive up to $100. A federal Court authorized this notice. Before any money is paid, the Court will have a hearing to decide whether to approve the settlement.
You're a Class Member if you purchased, not for resale purposes, the Products in the United States at anytime up until April 23, 2010.
A $35,000,000 fund, and possibly more, will be created to reimburse Class Members for the Products they purchased, and to pay related expenses. Details about how much you may receive are available at www.DannonSettlement.com.
To ask for cash and remain in the Class, you must mail or submit a completed claim form online by October 1, 2010. If you do not wish to participate in the settlement, you may exclude yourself from the Class by May 24, 2010. Or you may stay in the Class and object to the settlement by May 24, 2010. Visit the website for important information about these options.
The Court will hold a hearing on June 23, 2010 to consider the settlement and Class Counsel's request for $10,000,000 in attorneys' fees, plus expenses. You don't have to attend the hearing. For more information, visit www.DannonSettlement.com.
CLAIM FORMS MUST BE POSTMARKED OR SUBMITTED ONLINE BY OCTOBER 1, 2010 - VISIT WWW.DANNONSETTLEMENT.COM For a full list of the Products, see www.DannonSettlement.com
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Showing posts with label settlement. Show all posts
Showing posts with label settlement. Show all posts
Tuesday, February 16, 2010
Wednesday, December 09, 2009
New Report: States Cut Funding for Tobacco Prevention Programs Despite Receiving Record Amounts of Tobacco Revenue
Georgia ranks 50th in the nation on the amount of dollars spent on tobacco use prevention.
/PRNewswire/ -- The states are collecting record amounts of revenue from the 1998 tobacco settlement and tobacco taxes, but have cut funding for programs to reduce tobacco use by more than 15 percent in the past year, according to a report released today by a coalition of public health organizations.
With the nation's adult smoking rate stalled after decades of decline, the report warns that continued progress is at risk unless states significantly increase funding for programs to prevent kids from smoking and help smokers quit. The report also calls on Congress to ensure that health care reform legislation includes adequate funding for disease prevention initiatives, including tobacco prevention and cessation, and mandates coverage in Medicaid and other health insurance programs for smoking cessation medication and counseling.
The report, titled "A Broken Promise to Our Children: The 1998 State Tobacco Settlement 11 Years Later," was released by the Campaign for Tobacco-Free Kids, American Heart Association, American Cancer Society Cancer Action Network, American Lung Association and Robert Wood Johnson Foundation. These organizations have issued annual reports assessing whether the states have kept their promise to use funds from the state tobacco settlements - estimated to total $246 billion over the first 25 years - to fight tobacco use. The states also collect billions more each year from tobacco taxes.
Key findings of this year's report include:
-- The states this year (Fiscal Year 2010) will collect $25.1 billion in
revenue from the tobacco settlement and tobacco taxes, but are
spending just 2.3 percent of it - $567.5 million - on tobacco
prevention and cessation programs (the states also receive $62 million
in federal grants for tobacco prevention, for total funding of $629.5
million). With more states expected to increase tobacco taxes in the
coming year, that revenue figure is certain to increase.
-- In the past year, states have cut funding for tobacco prevention by
$103.4 million, or 15.4 percent. Including cuts approved just last
week, New York made the largest cut - $25.2 million, or 31 percent -
despite having a successful program that has reduced smoking to well
below national rates. Other states with large cuts include Colorado,
Maryland, Pennsylvania and Washington.
-- Only one state - North Dakota - currently funds a tobacco prevention
program at the level recommended by the U.S. Centers for Disease
Control and Prevention (CDC). Only nine other states fund tobacco
prevention at even half the CDC-recommended level, while 31 states and
DC provide less than a quarter of the recommended funding.
-- Tobacco companies spend $20 to market tobacco products for every one
dollar the states spend to fight tobacco use. According to the latest
data from the Federal Trade Commission, tobacco companies spend $12.8
billion a year on marketing.
The report comes as recent surveys have found that smoking declines in the United States have slowed and even stalled. The CDC in November reported that the adult smoking rate in 2008 was 20.6 percent - essentially unchanged since 2004 when 20.9 percent smoked. While smoking among high school students has declined by 45 percent from a high of 36.4 percent in 1997, 20 percent of high schoolers still smoke and declines have slowed in recent years.
"To continue reducing tobacco use, elected officials at all levels must resist complacency and redouble efforts to implement proven strategies," said Matthew L. Myers, President of the Campaign for Tobacco-Free Kids. "Despite their current budget challenges, the states lack excuses for failing to do more. They are collecting record amounts of tobacco money, more of which should be used to fight the tobacco problem. And there is overwhelming evidence that tobacco prevention programs not only reduce smoking and save lives, they also save money by reducing tobacco-related health care costs. Those states that make short-sighted decisions to cut tobacco prevention will pay a steep price in lives and dollars."
"The inadequate funding of tobacco prevention and cessation programs is a powerful example of misplaced priorities in our nation's health care system," said Risa Lavizzo-Mourey, M.D., M.B.A., President and CEO of the Robert Wood Johnson Foundation. "We spend too much on treating people after they get sick and too little on keeping them healthy in the first place. Investing more in proven tobacco prevention programs and policies, like smoke-free restaurants and workplaces, will help people lead healthier lives and reduce health care costs."
"There is absolutely no question that the devastating toll and financial burden of tobacco use is a huge drain on our nation's economy and contributor to spiraling health care costs," said Nancy Brown, CEO of the American Heart Association. "It's a travesty that only a small fraction of tobacco settlement funds is actually being used to support tobacco prevention programs in states. If we allow this to continue, how can we expect to ever realize the true potential of settlement dollars to save lives and improve the physical and economic health of this country."
"Fully funded tobacco prevention and cessation programs stop addiction before it starts and improve the health of our nation's communities," said John R. Seffrin, Ph.D., chief executive officer of the American Cancer Society Cancer Action Network (ACS CAN), the advocacy affiliate of the American Cancer Society. "States must do better at funding programs that help reduce tobacco use and protect the health of children, 3,500 of whom try their first cigarette every day."
"As more states are turning to tobacco taxes to help during these difficult economic times, states need to spend a portion of the revenue on tobacco prevention and control programs - especially those programs to help smokers quit," said Charles D. Connor, American Lung Association President and CEO. "Increasing tobacco taxes is a proven and effective way to reduce the number of adults and youth who smoke, but as they make tobacco products more expensive states also have a responsibility to ensure that the nearly 46 million smokers in this country have the help they need to quit."
The report cites conclusive evidence that tobacco prevention and cessation programs work to reduce smoking, save lives and save money. Maine, which has long had one of the best-funded programs, has reduced smoking by 71 percent among middle school students and by 64 percent among high school students since 1997. Washington state, before cutting its program by 42 percent this year, reduced adult smoking by 30 percent and youth smoking by 50. An August 2008 study found that California's tobacco control program, the nation's longest-running, saved $86 billion in health care costs in its first 15 years, compared to $1.8 billion spent on the program, for a return on investment of nearly 50:1.
Tobacco use is the leading preventable cause of death in the U.S., killing more than 400,000 people and costing $96 billion in health care bills each year. Every day, another 1,000 kids become regular smokers - one-third of them will die prematurely as a result.
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/PRNewswire/ -- The states are collecting record amounts of revenue from the 1998 tobacco settlement and tobacco taxes, but have cut funding for programs to reduce tobacco use by more than 15 percent in the past year, according to a report released today by a coalition of public health organizations.
With the nation's adult smoking rate stalled after decades of decline, the report warns that continued progress is at risk unless states significantly increase funding for programs to prevent kids from smoking and help smokers quit. The report also calls on Congress to ensure that health care reform legislation includes adequate funding for disease prevention initiatives, including tobacco prevention and cessation, and mandates coverage in Medicaid and other health insurance programs for smoking cessation medication and counseling.
The report, titled "A Broken Promise to Our Children: The 1998 State Tobacco Settlement 11 Years Later," was released by the Campaign for Tobacco-Free Kids, American Heart Association, American Cancer Society Cancer Action Network, American Lung Association and Robert Wood Johnson Foundation. These organizations have issued annual reports assessing whether the states have kept their promise to use funds from the state tobacco settlements - estimated to total $246 billion over the first 25 years - to fight tobacco use. The states also collect billions more each year from tobacco taxes.
Key findings of this year's report include:
-- The states this year (Fiscal Year 2010) will collect $25.1 billion in
revenue from the tobacco settlement and tobacco taxes, but are
spending just 2.3 percent of it - $567.5 million - on tobacco
prevention and cessation programs (the states also receive $62 million
in federal grants for tobacco prevention, for total funding of $629.5
million). With more states expected to increase tobacco taxes in the
coming year, that revenue figure is certain to increase.
-- In the past year, states have cut funding for tobacco prevention by
$103.4 million, or 15.4 percent. Including cuts approved just last
week, New York made the largest cut - $25.2 million, or 31 percent -
despite having a successful program that has reduced smoking to well
below national rates. Other states with large cuts include Colorado,
Maryland, Pennsylvania and Washington.
-- Only one state - North Dakota - currently funds a tobacco prevention
program at the level recommended by the U.S. Centers for Disease
Control and Prevention (CDC). Only nine other states fund tobacco
prevention at even half the CDC-recommended level, while 31 states and
DC provide less than a quarter of the recommended funding.
-- Tobacco companies spend $20 to market tobacco products for every one
dollar the states spend to fight tobacco use. According to the latest
data from the Federal Trade Commission, tobacco companies spend $12.8
billion a year on marketing.
The report comes as recent surveys have found that smoking declines in the United States have slowed and even stalled. The CDC in November reported that the adult smoking rate in 2008 was 20.6 percent - essentially unchanged since 2004 when 20.9 percent smoked. While smoking among high school students has declined by 45 percent from a high of 36.4 percent in 1997, 20 percent of high schoolers still smoke and declines have slowed in recent years.
"To continue reducing tobacco use, elected officials at all levels must resist complacency and redouble efforts to implement proven strategies," said Matthew L. Myers, President of the Campaign for Tobacco-Free Kids. "Despite their current budget challenges, the states lack excuses for failing to do more. They are collecting record amounts of tobacco money, more of which should be used to fight the tobacco problem. And there is overwhelming evidence that tobacco prevention programs not only reduce smoking and save lives, they also save money by reducing tobacco-related health care costs. Those states that make short-sighted decisions to cut tobacco prevention will pay a steep price in lives and dollars."
"The inadequate funding of tobacco prevention and cessation programs is a powerful example of misplaced priorities in our nation's health care system," said Risa Lavizzo-Mourey, M.D., M.B.A., President and CEO of the Robert Wood Johnson Foundation. "We spend too much on treating people after they get sick and too little on keeping them healthy in the first place. Investing more in proven tobacco prevention programs and policies, like smoke-free restaurants and workplaces, will help people lead healthier lives and reduce health care costs."
"There is absolutely no question that the devastating toll and financial burden of tobacco use is a huge drain on our nation's economy and contributor to spiraling health care costs," said Nancy Brown, CEO of the American Heart Association. "It's a travesty that only a small fraction of tobacco settlement funds is actually being used to support tobacco prevention programs in states. If we allow this to continue, how can we expect to ever realize the true potential of settlement dollars to save lives and improve the physical and economic health of this country."
"Fully funded tobacco prevention and cessation programs stop addiction before it starts and improve the health of our nation's communities," said John R. Seffrin, Ph.D., chief executive officer of the American Cancer Society Cancer Action Network (ACS CAN), the advocacy affiliate of the American Cancer Society. "States must do better at funding programs that help reduce tobacco use and protect the health of children, 3,500 of whom try their first cigarette every day."
"As more states are turning to tobacco taxes to help during these difficult economic times, states need to spend a portion of the revenue on tobacco prevention and control programs - especially those programs to help smokers quit," said Charles D. Connor, American Lung Association President and CEO. "Increasing tobacco taxes is a proven and effective way to reduce the number of adults and youth who smoke, but as they make tobacco products more expensive states also have a responsibility to ensure that the nearly 46 million smokers in this country have the help they need to quit."
The report cites conclusive evidence that tobacco prevention and cessation programs work to reduce smoking, save lives and save money. Maine, which has long had one of the best-funded programs, has reduced smoking by 71 percent among middle school students and by 64 percent among high school students since 1997. Washington state, before cutting its program by 42 percent this year, reduced adult smoking by 30 percent and youth smoking by 50. An August 2008 study found that California's tobacco control program, the nation's longest-running, saved $86 billion in health care costs in its first 15 years, compared to $1.8 billion spent on the program, for a return on investment of nearly 50:1.
Tobacco use is the leading preventable cause of death in the U.S., killing more than 400,000 people and costing $96 billion in health care bills each year. Every day, another 1,000 kids become regular smokers - one-third of them will die prematurely as a result.
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Wednesday, July 08, 2009
Nine Companies Penalized for Selling Children's Products that Violated the Federal Lead Paint Ban
The U.S. Consumer Product Safety Commission (CPSC) announced today that nine children's product manufacturers, importers and sellers have agreed to pay more than $500,000 in civil penalties for violating the federal lead paint ban.
The penalties settle allegations that the firms knowingly manufactured, imported, or sold toys and other children's articles with paint or other surface coatings that contained lead levels in violation of federal law. The settlements have been provisionally accepted by the Commission.
These products were recalled in 2007 and 2008, and include items such as toys, children's metal jewelry, children's pens, metal water bottles, pencil pouches, sunglasses and children's Halloween pails and baskets. Tests showed that paint or surface coatings on these children's products contained lead in excess of 600 ppm, or 0.06 percent, by weight. One firm's testing revealed that its products contained surface coatings with nearly 60 percent lead. In 1978, a federal ban was put in place which prohibited toys and other children's articles from having more than 0.06 percent lead (by weight) in paints or surface coatings. Lead can be toxic if ingested by young children and can cause adverse health consequences.
CPSC has ordered the following firms to pay civil penalties to the federal government:
Cardinal Distributing Co. Inc., of Baltimore, Md., $100,000
Recall: #07-157
Dollar General Corp., of Goodlettsville, Tenn., $100,000
Recalls: 08-007, #08-068, #08-080
Family Dollar Stores Inc., of Matthews, N.C., $75,000
Recall: #08-051
Hobby Lobby Stores Inc., of Oklahoma City, Okla., $50,000
Recalls: #08-084, #08-229
First Learning Company Ltd., of Hong Kong, $50,000
Recalls: #08-141, #08-174
Michaels Stores Inc., of Irving, Texas, $45,000
Recall: #08-248
A&A Global Industries Inc., of Cockeysville, Md., $40,000
Recall: #07-144
Raymond Geddes & Co, of Baltimore, Md., $40,000
Recall: #08-096
Downeast Concepts Inc., of Yarmouth, Maine, $30,000
Recall: #08-231
In agreeing to settle the matters, the firms deny CPSC's allegations that they knowingly violated the law.
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The penalties settle allegations that the firms knowingly manufactured, imported, or sold toys and other children's articles with paint or other surface coatings that contained lead levels in violation of federal law. The settlements have been provisionally accepted by the Commission.
These products were recalled in 2007 and 2008, and include items such as toys, children's metal jewelry, children's pens, metal water bottles, pencil pouches, sunglasses and children's Halloween pails and baskets. Tests showed that paint or surface coatings on these children's products contained lead in excess of 600 ppm, or 0.06 percent, by weight. One firm's testing revealed that its products contained surface coatings with nearly 60 percent lead. In 1978, a federal ban was put in place which prohibited toys and other children's articles from having more than 0.06 percent lead (by weight) in paints or surface coatings. Lead can be toxic if ingested by young children and can cause adverse health consequences.
CPSC has ordered the following firms to pay civil penalties to the federal government:
Cardinal Distributing Co. Inc., of Baltimore, Md., $100,000
Recall: #07-157
Dollar General Corp., of Goodlettsville, Tenn., $100,000
Recalls: 08-007, #08-068, #08-080
Family Dollar Stores Inc., of Matthews, N.C., $75,000
Recall: #08-051
Hobby Lobby Stores Inc., of Oklahoma City, Okla., $50,000
Recalls: #08-084, #08-229
First Learning Company Ltd., of Hong Kong, $50,000
Recalls: #08-141, #08-174
Michaels Stores Inc., of Irving, Texas, $45,000
Recall: #08-248
A&A Global Industries Inc., of Cockeysville, Md., $40,000
Recall: #07-144
Raymond Geddes & Co, of Baltimore, Md., $40,000
Recall: #08-096
Downeast Concepts Inc., of Yarmouth, Maine, $30,000
Recall: #08-231
In agreeing to settle the matters, the firms deny CPSC's allegations that they knowingly violated the law.
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Tuesday, March 03, 2009
Important Deadlines Near for $21 Million Class Action Settlement That Provides Consumers With Money Back for Over 200 Prescription Drugs
/PRNewswire-USNewswire/ -- Important deadlines are approaching for class members of a proposed class action settlement related to the average wholesale prices of certain prescription drugs. The United States District Court for the District of Massachusetts granted preliminary approval of the Proposed Settlement in July 2008. In the lawsuit, In re: Pharmaceutical Industry Average Wholesale Price Litigation, No. 01-CV-12257-PBS, MDL No. 1456, plaintiffs claimed that drug manufacturers unlawfully inflated the published average wholesale price of certain drugs, increasing what certain consumers and others paid. The defendants deny any wrongdoing.
Consumers who paid percentage co-payments or full payments for any of the covered drugs between January 1, 1991 and March 1, 2008 are eligible for money back. (A percentage co-payment varies with the cost of the drug; refunds are not available to those who paid flat co-payments.) Requests to be excluded from the Settlement and objections to the Settlement must be postmarked by March 16, 2009. Consumer Class Members must file claims by May 1, 2009.
The Proposed Settlement includes approximately $21.8 million for payments to consumers who file valid claims. Qualifying consumers can get a minimum of $35 by certifying under oath that they paid percentage co-payments for the covered drugs. Or, with receipts or bills for percentage co-payments for the covered drugs, they can receive more money back. For some of the drugs, the payment is up to three times the amount of the co-payment.
The approximately 200 covered drugs are used for the treatment of many medical conditions and are often, but not always, injected in a doctor's office or clinic. The drugs include those for treatment of cancer, HIV, asthma, allergies, infections, inflammation, pain, gastrointestinal, lung and blood issues, and other conditions.
The Defendants, 11 drug manufacturers, deny any wrongdoing, and have stated that while they believe they have strong defenses to the claims asserted, they have entered into the Settlement as a reasonable way to resolve the litigation and avoid the further expense, burden, and inconvenience that would result if they continued to litigate.
The Court will hold a Final Approval Hearing on April 27, 2009 at 2:00 p.m. to consider whether the Proposed Settlement is fair, reasonable, and adequate and the motion for attorneys' fees and expenses. For detailed information, including a list of all the covered drugs and a claim form, call toll-free 1-877-465-8136, visit www.AWPTrack2Settlement.com, or write: AWP Track 2 Settlement Administrator, P.O. Box 951, Minneapolis, MN 55440-0951.
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Consumers who paid percentage co-payments or full payments for any of the covered drugs between January 1, 1991 and March 1, 2008 are eligible for money back. (A percentage co-payment varies with the cost of the drug; refunds are not available to those who paid flat co-payments.) Requests to be excluded from the Settlement and objections to the Settlement must be postmarked by March 16, 2009. Consumer Class Members must file claims by May 1, 2009.
The Proposed Settlement includes approximately $21.8 million for payments to consumers who file valid claims. Qualifying consumers can get a minimum of $35 by certifying under oath that they paid percentage co-payments for the covered drugs. Or, with receipts or bills for percentage co-payments for the covered drugs, they can receive more money back. For some of the drugs, the payment is up to three times the amount of the co-payment.
The approximately 200 covered drugs are used for the treatment of many medical conditions and are often, but not always, injected in a doctor's office or clinic. The drugs include those for treatment of cancer, HIV, asthma, allergies, infections, inflammation, pain, gastrointestinal, lung and blood issues, and other conditions.
The Defendants, 11 drug manufacturers, deny any wrongdoing, and have stated that while they believe they have strong defenses to the claims asserted, they have entered into the Settlement as a reasonable way to resolve the litigation and avoid the further expense, burden, and inconvenience that would result if they continued to litigate.
The Court will hold a Final Approval Hearing on April 27, 2009 at 2:00 p.m. to consider whether the Proposed Settlement is fair, reasonable, and adequate and the motion for attorneys' fees and expenses. For detailed information, including a list of all the covered drugs and a claim form, call toll-free 1-877-465-8136, visit www.AWPTrack2Settlement.com, or write: AWP Track 2 Settlement Administrator, P.O. Box 951, Minneapolis, MN 55440-0951.
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Friday, January 23, 2009
Canadian Company to Pay U.S. More Than $1 Million Related to Sale of Defective Bullet-Proof Vests
/PRNewswire-USNewswire/ -- Barrday Inc. and two related companies have agreed to pay the United States more than $1 million to resolve allegations that they violated the False Claims Act in connection with their role in the weaving of Zylon fabric used in the manufacture and sale of defective Zylon bullet-proof vests, the Justice Department announced today. Barrday, headquartered in Cambridge, Ontario, Canada, is a weaver of ballistic fabrics and designs and produces specialty industrial textiles.
The United States alleged that Barrday's woven Zylon fabric was used in the manufacture of bullet-proof vests sold by Second Chance Body Armor Inc., Point Blank Body Armor Inc. and Gator Hawk Armor Inc. These vests were purchased by the United States, and by various state, local, and/or tribal law enforcement agencies, which were partially reimbursed by a Justice Department program. The government alleged that the Zylon in these vests lost its ballistic capability quickly, especially when exposed to heat and humidity.
Barrday was reportedly aware of the defective nature of the Zylon by at least December 2001, but continued to sell Zylon for use in ballistic armor until approximately 2003, when two police officers were shot through their Second Chance Zylon vests. In 2003, Barrday was the first weaver to permanently withdraw from the Zylon market.
"When a supplier of a component part distributes its product with knowledge of latent defects, that company violates the False Claims Act," said Michael F. Hertz, the acting Assistant Attorney General for the Civil Division. "This settlement will help ensure that component suppliers are held responsible for materials that put our first-responders at risk."
This settlement is part of a larger investigation of the body armor industry's use of Zylon in body armor. As part of today's agreement, Barrday has pledged its cooperation in the government's on-going investigation. The United States previously has settled with four other participants in the Zylon body armor industry for over $46 million. Additionally, the government has pending lawsuits against Toyobo Co., Honeywell Inc., Second Chance Body Armor Inc. and four former Second Chance executives.
Today's settlement with Barrday was the result of an ongoing investigation by the Justice Department's Civil Division, the U.S. Attorney's Office for the District of Columbia, the General Services Administration Office of the Inspector General, the Department of Homeland Security Office of Inspector General, the Treasury Inspector General for Tax Administration, the Defense Criminal Investigative Service, the U.S. Army Criminal Investigative Command, the Air Force Office of Special Investigations, the Department of Energy Office of the Inspector General, the U.S. Agency for International Development Office of the Inspector General, and the Defense Contracting Audit Agency.
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The United States alleged that Barrday's woven Zylon fabric was used in the manufacture of bullet-proof vests sold by Second Chance Body Armor Inc., Point Blank Body Armor Inc. and Gator Hawk Armor Inc. These vests were purchased by the United States, and by various state, local, and/or tribal law enforcement agencies, which were partially reimbursed by a Justice Department program. The government alleged that the Zylon in these vests lost its ballistic capability quickly, especially when exposed to heat and humidity.
Barrday was reportedly aware of the defective nature of the Zylon by at least December 2001, but continued to sell Zylon for use in ballistic armor until approximately 2003, when two police officers were shot through their Second Chance Zylon vests. In 2003, Barrday was the first weaver to permanently withdraw from the Zylon market.
"When a supplier of a component part distributes its product with knowledge of latent defects, that company violates the False Claims Act," said Michael F. Hertz, the acting Assistant Attorney General for the Civil Division. "This settlement will help ensure that component suppliers are held responsible for materials that put our first-responders at risk."
This settlement is part of a larger investigation of the body armor industry's use of Zylon in body armor. As part of today's agreement, Barrday has pledged its cooperation in the government's on-going investigation. The United States previously has settled with four other participants in the Zylon body armor industry for over $46 million. Additionally, the government has pending lawsuits against Toyobo Co., Honeywell Inc., Second Chance Body Armor Inc. and four former Second Chance executives.
Today's settlement with Barrday was the result of an ongoing investigation by the Justice Department's Civil Division, the U.S. Attorney's Office for the District of Columbia, the General Services Administration Office of the Inspector General, the Department of Homeland Security Office of Inspector General, the Treasury Inspector General for Tax Administration, the Defense Criminal Investigative Service, the U.S. Army Criminal Investigative Command, the Air Force Office of Special Investigations, the Department of Energy Office of the Inspector General, the U.S. Agency for International Development Office of the Inspector General, and the Defense Contracting Audit Agency.
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Wednesday, November 05, 2008
Plantation Pipe Line Will Pay Penalty for Fuel Spills in Va., N.C., Ga.
PRNewswire-USNewswire/ -- Plantation Pipe Line Company, Alpharetta, Ga., has agreed to pay a civil penalty and implement safeguards in order to resolve a Clean Water Act lawsuit over fuel pipeline spills in three states, the Justice Department, the U.S. Environmental Protection Agency (EPA) and state of North Carolina announced.
The company has agreed to pay a $725,000 penalty for discharges of jet fuel and gasoline in Virginia, Georgia and North Carolina, and for inadequate spill prevention safeguards at a Virginia facility. The company also has agreed to implement $1.3 million in new spill prevention safeguards.
"Companies like Plantation Pipe Line that operate oil production infrastructure have a responsibility to ensure the safety and integrity of their operations," said Ronald J. Tenpas, Assistant Attorney General for the Justice Department's Environment and Natural Resources Division. "We continue to work closely with the Environmental Protection Agency to enforce this nation's environmental laws."
"Federal oil pollution prevention requirements, along with regular pipeline upgrades, are designed to prevent the kinds of oil spills that have occurred on Plantation's pipeline system," said Donald Welsh, administrator for EPA's mid-Atlantic region. "The pipeline upgrades required in this settlement will help protect the environment by preventing future spills."
"Oil spills can cause significant harm to the environment," said Jimmy Palmer, EPA Regional Administrator in Atlanta. "EPA will continue to ensure that facilities handling oils follow established procedures to minimize risk to our water and sensitive ecosystems."
The lawsuit cited Plantation for four separate fuel spills from 2000 to 2006, totaling 1,005 barrels (or 42,210 gallons):
-- On Nov. 27, 2006, at least 97 barrels of gasoline leaked from a
Plantation pipeline in Mecklenburg County, N.C., some flowing into Paw
Creek.
-- On Feb. 22, 2003, at least 788 barrels of gasoline spilled from a
pipeline in Hull, Ga., some entering a tributary of East Sandy Creek.
-- On Mar. 13, 2002, at least 20 barrels of jet fuel were discharged from
a pipeline in Alexandria, Va., some flowing to a tributary of Hooff
Run.
-- On Jan. 10, 2000, at least 100 barrels of jet fuel leaked from a
pipeline in Newington, Va., some of which spilled into Accotink Creek.
The lawsuit also cited Plantation Pipe Line for failing to prepare and implement a required spill prevention, control and countermeasure plan for a 420,000-gallon oil storage tank at its Newington, Va., facility.
The settlement requires Plantation to pay a $715,000 penalty to the federal government's Oil Spill Liability Trust Fund and $10,000 to the North Carolina Department of Environment and Natural Resources. In addition, the company will implement $1.3 million in spill prevention safeguards, including upgrades to pipelines and excavating buried valves to improve regular inspection capabilities.
The Clean Water Act prohibits discharges of oil into waterways and coastal areas in quantities that may be harmful to the environment or public health. Oil spills threaten both fresh water and marine environments, harming plant and animal life through physical damage and the toxicity of the oil itself, which may poison exposed organisms. For more information on the effects and cleanups of oil spills, visit: http://www.epa.gov/oilspill.
The proposed consent decree, filed by the U.S. Department of Justice on behalf of EPA and North Carolina, is subject to a 30-day public comment period and final court approval. A copy of the proposed consent decree is available on the Justice Department Web site at www.usdoj.gov/enrd/Consent_Decrees.html.
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The company has agreed to pay a $725,000 penalty for discharges of jet fuel and gasoline in Virginia, Georgia and North Carolina, and for inadequate spill prevention safeguards at a Virginia facility. The company also has agreed to implement $1.3 million in new spill prevention safeguards.
"Companies like Plantation Pipe Line that operate oil production infrastructure have a responsibility to ensure the safety and integrity of their operations," said Ronald J. Tenpas, Assistant Attorney General for the Justice Department's Environment and Natural Resources Division. "We continue to work closely with the Environmental Protection Agency to enforce this nation's environmental laws."
"Federal oil pollution prevention requirements, along with regular pipeline upgrades, are designed to prevent the kinds of oil spills that have occurred on Plantation's pipeline system," said Donald Welsh, administrator for EPA's mid-Atlantic region. "The pipeline upgrades required in this settlement will help protect the environment by preventing future spills."
"Oil spills can cause significant harm to the environment," said Jimmy Palmer, EPA Regional Administrator in Atlanta. "EPA will continue to ensure that facilities handling oils follow established procedures to minimize risk to our water and sensitive ecosystems."
The lawsuit cited Plantation for four separate fuel spills from 2000 to 2006, totaling 1,005 barrels (or 42,210 gallons):
-- On Nov. 27, 2006, at least 97 barrels of gasoline leaked from a
Plantation pipeline in Mecklenburg County, N.C., some flowing into Paw
Creek.
-- On Feb. 22, 2003, at least 788 barrels of gasoline spilled from a
pipeline in Hull, Ga., some entering a tributary of East Sandy Creek.
-- On Mar. 13, 2002, at least 20 barrels of jet fuel were discharged from
a pipeline in Alexandria, Va., some flowing to a tributary of Hooff
Run.
-- On Jan. 10, 2000, at least 100 barrels of jet fuel leaked from a
pipeline in Newington, Va., some of which spilled into Accotink Creek.
The lawsuit also cited Plantation Pipe Line for failing to prepare and implement a required spill prevention, control and countermeasure plan for a 420,000-gallon oil storage tank at its Newington, Va., facility.
The settlement requires Plantation to pay a $715,000 penalty to the federal government's Oil Spill Liability Trust Fund and $10,000 to the North Carolina Department of Environment and Natural Resources. In addition, the company will implement $1.3 million in spill prevention safeguards, including upgrades to pipelines and excavating buried valves to improve regular inspection capabilities.
The Clean Water Act prohibits discharges of oil into waterways and coastal areas in quantities that may be harmful to the environment or public health. Oil spills threaten both fresh water and marine environments, harming plant and animal life through physical damage and the toxicity of the oil itself, which may poison exposed organisms. For more information on the effects and cleanups of oil spills, visit: http://www.epa.gov/oilspill.
The proposed consent decree, filed by the U.S. Department of Justice on behalf of EPA and North Carolina, is subject to a 30-day public comment period and final court approval. A copy of the proposed consent decree is available on the Justice Department Web site at www.usdoj.gov/enrd/Consent_Decrees.html.
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