Facts

Mark Moorberg 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 headsets they sold in California with vinyl/PVC components 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 to reformulate the product in question to contain less than or equal to 1,000 parts per million of DEHP. They will also pay $2,500 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 $26,000 for his fees and costs in litigating the suit.

Other Information

FILING DATE: Nov. 24, 2015.