Facts

Peter Englander filed a complaint against Big Lots Inc. and Big Lots Stores Inc., relating to the sale of products allegedly lacking health warnings required under Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that defendants distributed, sold, or otherwise made available padded upholstered stools containing TDCPP, a chemical known to the state to cause cancer, and stools with vinyl/PVC upholstery containing DEHP, a chemical known to the state to cause birth defects and other reproductive harm without the requisite Prop. 65 warnings.

DEFENDANTS' CONTENTIONS:
Big Lots denied the allegations and maintained that they were in compliance with all laws at all times.

Result

Big Lots agreed to enter into a consent agreement with Englander to settle the dispute, which provided both injunctive and monetary relief. As part of the injunctive relief, Big Lots agreed to distribute, sell, or otherwise make available only reformulated products and provide the requisite Prop. 65 warnings. Big Lots also agreed to pay $32,000 in total settlement.