Facts

Russell Brimer filed a complaint on behalf of the citizens of California against Rashman Corp., alleging violation of Proposition 65. Brimer sought injunctive relief and civil penalties.

Rashman manufactured, imported, distributed, and/or offered for sale ballpoint pen grips that allegedly contained excessive levels of "DEHP." On Oct. 24, 2003, the state identified DEHP as a chemical known to cause birth defects and other reproductive harm.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant's product contained the chemical DEHP, and exposed consumers to this chemical. However, defendant didn't provide the requisite Proposition 65 warning consumers of the risk of exposure to this chemical that was known to cause birth defects and other reproductive harm. As a result, defendant violated Proposition 65.

DEFENDANT'S CONTENTIONS:
Defendant disputed that it violated Prop. 65 or that any DEHP in the pen grip exposed consumers to DEHP in excess of the threshold Prop. 65 limits.

Result

The parties agreed to settle the dispute without any admission of liability. Under the settlement, Rashman agreed not to sell any ballpoint pen grips containing DEHP above 1,000 ppm in the state after Dec. 16, 2013, unless it complied with the standards or have Proposition 65 warnings provided. In addition, Rashman agreed to pay $2,000 in initial civil penalties and $4,000 of final civil penalties if the pen grips aren't reformulated by Dec. 16. The final civil penalty, however, is waived if by Dec. 30, 2013 defendant certifies that the pen grips have been reformulated. Rashman also agreed to pay $26,000 in attorneys' fees and costs.