Facts

Anthony Held brought an action against defendant under Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986.

PLAINTIFF'S CONTENTIONS:
Held contended that Tronex sold in California vinyl/PVC gloves containing diisononyl phthalate (DINP), a chemical known to cause cancer, yet failed to provide the requisite Proposition 65 warnings.

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

Result

Pursuant to the settlement reached between the parties, Tronex agreed to either reformulate the product in question to contain DINP in concentrations of less than 0.1 percent, or to sell only non-reformulated products with a Proposition 65 warning. It will also pay $12,400 in civil penalties, with 75 percent remitted to the California Office of Environmental Health Hazard Assessment and the remaining 25 percent remitted to Held. The final civil penalty of $10,000 will be waived if Tronex reformulates the products by a certain date. Additionally, it will reimburse Held $25,250 for his fees and costs in litigating the suit.

Other Information

FILING DATE: Oct. 28, 2015.