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Consumer Law
Consumer Protection
Violation of Proposition 65

Anthony E. Held v. Starz Media LLC, Anchor Bay Entertainment LLC, Costco Wholesale Corporation and Does 1 through 100, inclusive

Published: Aug. 9, 2014 | Result Date: Jul. 3, 2014 | Filing Date: Jan. 1, 1900 |

Case number: CGC-14-538127 Settlement –  $43,500

Court

San Francisco Superior


Attorneys

Plaintiff

Christopher C. Moscone
(Moscone Emblidge & Otis LLP)

Rachel J. Slater

Clifford A. Chanler
(The Chanler Group)


Defendant

Judith M. Praitis
(Sidley Austin LLP)

Renee D. Wasserman
(Rogers, Joseph & Donnell APLC)


Facts

Anthony Held sued Starz Media LLC, Anchor Bay Entertainment LLC, and Costco Wholesale Co., claiming its products contained components that violated Proposition 65.

Contentions

PLAINTIFF'S CONTENTIONS:
Held alleged that defendants manufactured, imported, sold, and/or distributed for sale in California, exercise balls containing tchemical di(2-ethylhexyl)phthaltate, or DEHP, without providing the requisite Proposition 65 warning.

DEFENDANTS' CONTENTIONS:
Defendants denied any wrongdoing, and maintained that they were in compliance with all laws.

Result

Starz and Anchor Bay agreed to enter into a consent judgment that provided for injunctive and monetary relief. The settling defendants agreed not to manufacture or import for distribution or sale to California customers any products that are not "reformulated" products. They also agreed to pay $12,000 in civil penalties.


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