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Consumer Law
Consumer Protection
Violation of Proposition 65

John Moore v. McDavid Inc.

Published: May 14, 2016 | Result Date: Dec. 23, 2015 | Filing Date: Jan. 1, 1900 |

Case number: CIV1504421 Settlement –  $24,000

Court

Marin Superior


Attorneys

Plaintiff

Warren M. Klein
(Chanler Group)

David J. Voorhees
(Voorhees & Bailey LLP)


Defendant

Melissa A. Jones
(Stoel Rives LLP)


Facts

John Moore sued McDavid Inc. pursuant to Prop. 65.

Contentions

PLAINTIFF'S CONTENTIONS:
Defendant allegedly sold, manufactured, or otherwise made available wrist bracelets with vinyl/PVC components containing DEHP, a known harmful chemical, without providing the requisite Prop. 65 warnings.

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, McDavid agreed to make available only reformulated products and provide the requisite warnings. McDavid also agreed to pay $24,000 in civil penalties.

Other Information

FILING DATE: Dec. 8, 2015.


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