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Consumer Law
Consumer Protection
Violation of Proposition 65

Anthony E. Held v. Franco Manufacturing Co. Inc., and Does 1 through 150, inclusive

Published: Feb. 22, 2014 | Result Date: Jan. 22, 2014 | Filing Date: Jan. 1, 1900 |

Case number: RG13692785 Settlement –  $30,000

Court

Alameda Superior


Attorneys

Plaintiff

Christopher M. Martin
(The Chanler Group)


Defendant

Jeffrey B. Margulies
(Norton Rose Fulbright US LLP)


Facts

Anthony Held sued Franco Manufacturing Co. Inc. for violating Proposition 65.

Contentions

PLAINTIFF'S CONTENTIONS:
Held alleged that Franco sold pillows with vinyl components that contained di(2-ethylhexyl)phthalate, or DEPH, a chemical listed in Proposition 65 as causing birth defects and other health hazards.

DEFENDANT'S CONTENTIONS:
Franco denied Held's allegations, and claimed that its products complied with all laws.

Result

The parties settled. Franco agreed that its products would contain less than 1,000 parts per million of DEHP. Franco also agreed to pay $4,000 in civil penalties, and $26,000 to Held for his legal fees.


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