Facts

Plaintiff filed a complaint against defendant for civil penalties and injunctive relief pursuant to Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant manufactured, sold, or distributed for sale in California sunscreens that contained the toxic chemical benzophenone without the requisite Proposition 65 health warnings. The benzophenone was contained in octocrylene, an active ingredient used in sunscreens.

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

Result

Pursuant to the settlement reached between the parties, by June 1, 2018 defendant will only manufacture, or cause to be manufactured in California products that have been reformulated to contain no more than 50 parts per million benzophenone or 500 parts per million benzophenone in octocrylene. By June 1, 2020, defendant will only manufacture or cause to be manufactured products that contain no more than 35 parts per million benzophenone or 350 parts per million of benzophenone in octocrylene. Defendant will also pay $23,000 in civil penalties, with 75 percent paid to the California Office of Health Hazard Assessment and the remaining 25 percent paid to plaintiff. The final civil payment of $20,500 will be waived if defendant provides written certification by a certain date that its products have been reformulated. Additionally, defendant will reimburse plaintiff $20,000 for his attorney fees and costs.

Other Information

FILING DATE: June 8, 2016.