A New Jersey toy maker will pay nearly a quarter million dollars in penalties for distributing deceptively packaged craft items marketed to children in California, the offices of the District Attorney and City Attorney announced today.
Prosecutors alleged in the Civil Complaint that Horizon Group USA, Inc.’s “Disney Princess” jewelry making kits were packaged in containers that were constructed or filled as to facilitate the perpetration of fraud, in violation of state consumer protection laws.
“The District Attorney’s Consumer Protection Unit has a solid track record of ensuring that corporations do not misrepresent their goods and services,” said District Attorney Bonnie Dumanis. “Our office is proud to continue partnering with the City Attorney in cases where our combined resources protect the consumer’s hard-earned money.”
Horizon cooperated with prosecutors and stipulated to the entry of a judgment without admitting wrongdoing. San Diego Superior Court Judge Judith F. Hayes signed a Stipulated Final Judgment that requires Horizon to pay costs and penalties totaling $225,000. The Judgment prohibits Horizon from committing similar violations in the future.
“Today’s judgment isn’t the largest—but it’s important and serves as a warning to companies that we’re watching and we hold you accountable for deceptive business practices that violate the law,” said DA Dumanis. “Imagine the disappointment when a child opens that box to find they’ve essentially been duped.”
| We’re watching and we hold you accountable for deceptive business practices that violate the law. |
| -Bonnie Dumanis, District Attorney |
The City Attorney’s Office received a consumer complaint about the “Disney Princess” jewelry making kits from the concerned mother of a young girl who had purchased a kit with money she had saved up. When the child opened the box containing items to make jewelry, she was disappointed to see that half of the package was empty. There was no way for the child to know there were empty compartments in the kit because stickers on the outside of the package completely covered the empty compartments and all the visible compartments had items within. The City Attorney’s Consumer & Environmental Unit investigated the complaint and brought this action together with the San Diego County District Attorney’s Office.
“It’s unfortunate that a company would market a product that misleads children,” said City Attorney Jan Goldsmith. “Our office will continue to prosecute unfair businesses that are in violation of state consumer laws.”
The San Diego County District Attorney’s Office has maintained a Consumer Protection Unit for over forty years. The Unit devotes their time to consumer and environmental protection cases, investigates and prosecutes false advertising, unfair business practice, theft, environmental and unlicensed activity cases. The Unit is funded through Prop 36, which authorizes local government prosecutors to sue on behalf of general public to enforce unfair business competition laws. This year alone, the DA’s Consumer Unit has worked on cases that resulted in more than six million dollars in judgments against companies who violated consumer law. That includes a $2 million judgment against Walmart and a $3 million judgment against tuna packing companies.
As you get ready for the busy holiday shopping season, City Attorney Goldsmith and District Attorney Dumanis urge consumers to be aware and purchase items with caution. Consumer alerts and tips can be found on the DA’s Consumer Protection page or the City Attorney’s website.
