Paul Wozniak v. Central Purchasing LLC, Harbor Freight Tools USA Inc., and Does 1 to 150, inclusive
Published: Jun. 25, 2016 | Result Date: Apr. 26, 2016 | Filing Date: Jan. 1, 1900 |Case number: RG15767955 Settlement – $51,000
Court
Alameda Superior
Attorneys
Plaintiff
Warren M. Klein
(Chanler Group)
David J. Voorhees
(Voorhees & Bailey LLP)
Defendant
Peter Hsiao
(King & Spalding LLP)
Navi Singh Dhillon
(Baker Botts LLP)
Facts
Plaintiff filed a complaint against defendants for civil penalties and injunctive relief pursuant to Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendants manufactured, imported, sold, or distributed for sale in California swivel stools, personal sound amplifiers, tweezer sets, pet ties, and attache cases that contained the toxic chemical di(2-ethylhexyl)phthalate (DEHP) without the requisite Proposition 65 health warnings.
DEFENDANTS' CONTENTIONS:
Defendants denied plaintiff's allegations and contended that their products were in compliance with the law.
Result
Pursuant to the settlement reached between the parties, defendants will not manufacture, distribute, purchase for sale, or sell in California products that have not been reformulated to contain no more than 0.1 percent DEHP. Non-reformulated products must contain clear and reasonable warnings. Defendants will also pay $9,500 in civil penalties, with 75 percent paid to the California Office of Health Hazard Assessment and the remaining 25 percent paid to plaintiff. Additionally, defendants will reimburse plaintiff $41,500 for his attorney fees and costs.
Other Information
FILING DATE: April 27, 2015.
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