Facts

Mark Moorberg filed a complaint against McCalou's Inc. pursuant to Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that defendants manufactured, sold or otherwise made available vinyl/PVC clutches containing a chemical known as DEHP, which is known to the state to cause birth defects and other reproductive harm without the requisite Prop. 65 warnings.

DEFENDANT'S CONTENTIONS:
Defendant denied the allegations and maintained that it was in compliance with all laws at all times. Defendant also claimed that it was no longer selling or offering the subject product.

Result

Defendant agreed to enter into a consent agreement with Moorberg to settle the dispute, which provided both injunctive and monetary relief. As part of the injunctive relief, defendant agreed to manufacture, sell, or otherwise make available only reformulated products and provide the requisite Prop. 65 warnings. Defendant also agreed to pay $40,000 in total settlement.