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Consumer Law
Consumer Protection
Violation of Proposition 65

John Moore v. WBC Group LLC

Published: May 7, 2016 | Result Date: Jan. 4, 2016 | Filing Date: Jan. 1, 1900 |

Case number: CIV1503449 Settlement –  $16,000

Court

Marin Superior


Attorneys

Plaintiff

Warren M. Klein
(Chanler Group)

David J. Voorhees
(Voorhees & Bailey LLP)


Defendant

John Frank Cermak Jr.
(Baker & Hostetler LLP)


Facts

John Moore sued WBC Group LLC pursuant to Prop. 65.

Contentions

PLAINTIFF'S CONTENTIONS:
Defendant allegedly sold, manufactured, or otherwise made available vinyl/PVC exercise balls containing DEHP, a harmful chemical, without providing the requisite Prop. 65 warning.

DEFENDANT'S CONTENTIONS:
Defendant maintained compliance with all laws at all times.

Result

The parties reached a consent judgment providing both monetary and injunctive relief. As part of the settlement, WBC agreed to make available only reformulated products or provide the requisite warnings. WBC also agreed to pay up to $16,000 in civil penalties.

Other Information

FILING DATE: Sept. 18, 2015.


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