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Consumer Law
Consumer Protection
Violation of Proposition 65

Whitney R. Leeman v. Stillwater Designs and Audio Inc., and Does 1 through 150, inclusive

Published: May 23, 2015 | Result Date: Apr. 20, 2015 | Filing Date: Jan. 1, 1900 |

Case number: RG14730701 Settlement –  $41,000

Court

Alameda Superior


Attorneys

Plaintiff

Troy C. Bailey
(Voorhees & Bailey LLP)

David J. Voorhees
(Voorhees & Bailey LLP)


Defendant

Bao M. Vu
(Stoel Rives LLP)

Melissa A. Jones
(Stoel Rives LLP)

G. Michael Solomon


Facts

Whitney R. Leeman sued Stillwater Designs and Audio Inc. relating to the sale of keychains that allegedly contained the chemical DEHP.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that Stillwater Designs and Audio Inc. manufactured, imported, distributed and/or sold in California keychains that contained the chemical DEHP without the required Proposition 65 health warning.

Result

Under the terms of the consent judgment entered into between the parties, Stillwater Designs will only sell reformulated products that contain no more than 1,000 parts per million DEHP. It must also provide clear and reasonable warnings on products that do not qualify as reformulated products, and provide warnings relating to mail order catalog and internet sales. Stillwater Designs will pay 75 percent of $14,000 in civil penalties to the California Office of Environmental Health Hazard Assessment, and the remainder to Leeman. It will also pay Leeman $27,000 for fees and costs incurred.


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