Facts

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

PLAINTIFF'S CONTENTIONS:
Moorberg contended that defendant sold in California vinyl/PVC art cases that contained di(2-ethylhexyl)phthalate (DEHP), a chemical known to cause reproductive harm.

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

Result

Pursuant to the settlement reached between the parties, ColArt agreed to either reformulate the product in question to contain less than or equal to 1,000 parts per million of DEHP or to only sell the product with a Proposition 65 warning. It will also pay $4,200 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, it will reimburse Moorberg $24,800 for his fees and costs in litigating the suit.

Other Information

FILING DATE: Nov. 25, 2015.