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Consumer Law
Consumer Protection
Violation of Proposition 65

Anthony E. Held v. Product Quest Manufacturing LLC, et al.

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

Case number: CIV 1403766 Settlement –  $78,750

Court

Marin Superior


Attorneys

Plaintiff

Troy C. Bailey
(Voorhees & Bailey LLP)

David J. Voorhees
(Voorhees & Bailey LLP)


Defendant

Matthew S. Kenefick
(Jeffer, Mangels, Butler & Mitchell LLP)


Facts

Anthony E. Held sued Product Quest Manufacturing LLC relating to the sale of sunscreen allegedly containing the chemical benzophenone.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that Product Quest manufactured, imported, distributed and/or sold in California sunscreen that contained the chemical benzophenone without the required Proposition 65 health warning.

Result

Under the terms of the consent judgment entered into between the parties, Product Quest Manufacturing will only sell reformulated products that contain benzophenone in concentrations less than or equal to 12.5 parts per million (ppm), or the raw material octocrylene in less than or equal to 200 ppm. Product Quest Manufacturing will pay 75 percent of $78,750 in civil penalties to the California Office of Environmental Health Hazard Assessment, and the remainder to Held. It will also pay Held $47,700 for his attorney fees and costs.


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