Facts

Plaintiff filed a complaint against defendant for civil penalties and injunctive relief pursuant to Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant manufactured, imported, sold, and/or offered for sale in California vinyl/PVC candy boxes that contained the toxic chemical di(2-ethylhexyl)phthalate (DEHP) without the requisite Proposition 65 health warnings.

DEFENDANT'S CONTENTIONS:
Defendant denied plaintiff's allegations and contended that its products were in compliance with the law.

Result

Pursuant to the settlement reached between the parties, defendant will only manufacture, distribute, purchase for sale, or sell in California products that have been reformulated to contain no more than 0.1 percent DEHP. Defendant will also pay $5,000 in civil penalties, with 75 percent paid to the California Office of Health Hazard Assessment and the remaining 25 percent paid to plaintiff. The final civil payment of $10,000 will be waived if defendant provides written certification by a certain date that its products have been reformulated. Additionally, defendant will reimburse plaintiff $28,000 for his attorney fees and costs.

Other Information

FILING DATE: Feb. 10, 2017.