Facts

Laurence Vinocur sued Apex Medical Corp., claiming its products contained components that violated Proposition 65.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that Apex manufactured or otherwise made available to consumers in in California, certain types of vinyl/PVC pill wallets/containers and medication organizers with materials containing the toxic chemical DEHP without providing the requisite Proposition 65 warning. Plaintiff also alleged that Apex manufactured or otherwise made available to consumers in California, pillow products made with foam cushion components containing the toxic chemical called TDCPP, a known carcinogen, without the requisite warnings.

DEFENDANT'S CONTENTIONS:
Apex denied any wrongdoing, and maintained that that it did not knowingly, or intentionally, expose California consumers to the toxic chemicals.

Result

The parties entered into a consent judgment, which provided for injunctive and monetary relief. Apex agreed to comply with the "DEHP Free Standard" with respect to DEHP covered products. With respect to TDCPP covered products, that it no longer had any inventory of the disputed product. In any event, it agreed to comply with the "TDCPP Free Standard" for any product it sells in the future and provide the requisite warnings. In addition, Apex agreed to pay $30,000 in civil penalties.