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Consumer Law
Consumer Protection
Violation of Proposition 65

Whitney R. Leeman v. Uniters North America LLC, et al.

Published: Jul. 2, 2016 | Result Date: Mar. 24, 2016 | Filing Date: Jan. 1, 1900 |

Case number: CIV1600639 Settlement –  $16,500

Court

Marin Superior


Attorneys

Plaintiff

Warren M. Klein
(Chanler Group)

David J. Voorhees
(Voorhees & Bailey LLP)


Defendant

Barbara R. Adams
(Clark Hill LLP)


Facts

Whitney Leeman filed a complaint against Uniters North America LLC under Proposition 65.

Contentions

PLAINTIFF'S CONTENTIONS:
Defendant allegedly sold or otherwise made available in California vinyl/PVC bags that contained DEHP, a chemical known in the state to cause birth defects or other reproductive harm, without providing the requisite Prop. 65 warnings.

DEFENDANT'S CONTENTIONS:
Defendant denied the allegations and maintained it was in compliance with all laws at all times.

Result

The parties reached a settlement, which provided both for injunctive and monetary relief. As part of the settlement, Uniters agreed to make available only reformulated products and provide the requisite warnings. Uniters also agreed to pay $16,500 in civil penalties.

Other Information

FILING DATE: Feb. 19, 2016.


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