This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Consumer Law
Consumer Protection
Violation of Proposition 65

Anthony E. Held v. Dial Industries Inc.

Published: Sep. 26, 2015 | Result Date: Jul. 27, 2015 | Filing Date: Jan. 1, 1900 |

Case number: RG15778874 Settlement –  $20,000

Court

Alameda Superior


Attorneys

Plaintiff

Troy C. Bailey
(Voorhees & Bailey LLP)

David J. Voorhees
(Voorhees & Bailey LLP)


Defendant

Stephanie Chen

Malcolm C. Weiss
(Hunton, Andrews & Kurth LLP)


Facts

Anthony Held filed a complaint against Dial Industries Inc. under Proposition 65.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged defendant manufactured, distributed, or otherwise made available vinyl/PVC tubings that contained DEHP, a chemical known to the state to cause reproductive harm without the requisite Prop. 65 warnings.

DEFENDANT'S CONTENTIONS:
Defendant denied the allegations and maintained compliance with all laws at all times.

Result

The parties reached a consent judgment that provided both injunctive and monetary relief. Dial agreed to make available only reformulated products and provide the requisite Prop. 65 warnings. Dial also agreed to pay $20,000 in civil penalties.


#105260

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390