Facts

Peter Englander filed a representative action against Hangzhou Greatstar Tool Co. Ltd. on behalf of the citizens of the State of California, based on Hangzhou Greatstar's sale of products in California. Tools manufactured and sold by Hangzhou Greatstar were found to have detectable levels of di(2-ethylhexyl) phthalate, or DEHP. In 1988, the state listed DEHP as a chemical known to cause birth defects and reproductive harm. Proposition 65 requires that businesses provide "clear and reasonable warnings" to consumers of the risk of exposure to this chemical.

PLAINTIFF'S CONTENTIONS:
Englander argued that Hangzhou Greatstar had failed to warn about the presence of DEHP on its chemicals, as required by Proposition 65. As a result, he requested an injunction against Hangzhou Greatstar, as well as civil penalties.

DEFENDANT'S CONTENTIONS:
Hangzhou Greatstar denied that its products posed any threat to the public, and denied all liability under Proposition 65. Nonetheless, Hangzhou Greatstar chose to settle because the likely cost of litigating eclipsed the cost of resolving the matter.

Result

The parties settled. Hangzhou Greatstar agreed to take steps to ensure that its product complied with new standards, including a maximum DEHP concentration of 1,000 parts per million. Hangzhou Greatstar also agreed to pay $30,000 in civil penalties, and $37,500 in attorney fees to Englander.