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Consumer Law
Consumer Protection
Violation of Proposition 65

Paul Wozniak v. Johnson Outdoors Gear Inc., et al.

Published: May 30, 2015 | Result Date: Feb. 26, 2015 | Filing Date: Jan. 1, 1900 |

Case number: RG14740779 Settlement –  $11,500

Court

Alameda Superior


Attorneys

Plaintiff

Troy C. Bailey
(Voorhees & Bailey LLP)

David J. Voorhees
(Voorhees & Bailey LLP)


Defendant

Ann G. Grimaldi
(Grimaldi Law Offices)


Facts

Paul Wozniak sued Johnson Outdoors Gear Inc. relating to the sale of tools that allegedly contained lead.

Contentions

PLAINTIFF'S CONTENTIONS:
Paul Wozniak alleged that Johnson Outdoors Gear Inc. manufactured, imported, distributed and/or sold in California tools with vinyl/PVC grips that contained lead without the required Proposition 65 health warning.

Result

Under the terms of the consent judgment entered into between the parties, Johnson Outdoor Gear will only manufacture or sell products that contain a warning label or reformulated products that contain no more than 100 parts per million of lead. Defendant will pay 75 percent of $11,500 in civil penalties to the California Office of Environmental Health Hazard Assessment, and the remainder to Wozniak. It will also pay Wozniak $31,000 for his attorney fees and costs.


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