Facts

Plaintiff filed a complaint against defendant for civil penalties and injunctive relief pursuant to Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant manufactured, distributed, sold, or offered to sell in California "Townsend" tape measures that contained dangerous levels of lead without the requisite Proposition 65 health warnings.

DEFENDANT'S CONTENTIONS:
Defendant denied plaintiff's allegations and contended that its products were in compliance with the law.

Result

Pursuant to the settlement reached between the parties, defendant will not distribute, supply, or sell in California products that lack clear and reasonable Proposition 65 warnings. Defendant will also pay $4,000 in civil penalties, with 75 percent paid to the California Office of Health Hazard Assessment and the remaining 25 percent paid to plaintiff. Additionally, defendant will reimburse plaintiff $20,000 for its attorney fees and costs.

Other Information

FILING DATE: Sept. 26, 2016.