Facts

Plaintiff brought an action against defendants under Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986.

PLAINTIFF'S CONTENTIONS:
Moorberg contended that defendants failed to provide the requisite Proposition 65 warnings on certain tools they sold in California with vinyl/PVC grips that contained di(2-ethylhexyl)phthalate DEHP, a chemical known to cause reproductive harm.

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

Result

Pursuant to the settlement reached between the parties, defendants agreed, within a certain period of time, to either reformulate the product in question to contain less than or equal to 1,000 parts per million of DEHP for sale in California or to sell only the products in California with a Proposition 65 warning. They will also pay $6,000 in civil penalties, with 75 percent remitted to the California Office of Environmental Health Hazard Assessment and the remaining 25 percent remitted to Moorberg. Additionally, they will reimburse Moorberg $29,000 for his fees and costs in litigating the suit.

Other Information

FILING DATE: Nov. 23, 2015.