Facts

Plaintiff brought an action against defendant pursuant to Proposition 65, the Safe Drinking Water and Toxic Enforcement Act.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Jobar International manufactured, imported, sold and/or distributed for sale in California vinyl/PVC back stretchers and toilet seat cushions that contained di(2-ethylhexyl)phthalate (DEHP), a chemical known to cause cancer and reproductive harm, without the requisite Proposition 65 health warning.

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

Result

Pursuant to the consent judgment, defendant agreed to reformulate the products in question to contain less than 0.1 percent DEHP and to provide Proposition 65 warnings on non-reformulated products. Additionally, Jobar International will pay $14,000 in civil penalties, with 75 percent being paid to the California Office of Environmental Health Hazard Assessment and the remaining 25 percent paid to Moorberg. The final civil payment of $10,000 will be waived if defendant reformulates its products by the date specified between the parties. It will also pay $28,750 to Moorberg to reimburse him for his attorney fees and costs.

Other Information

FILING DATE: Sept. 2, 2015.