Facts

Beginning in December 2012, Laurence Vinocour and Peter Englander filed a complaint against Cheyenne Industries LLC, Stein World Operating Co., Restoration Hardware Inc. and Kmart Corp. alleging Proposition 65 violations for failing to warn consumers, workers, and customers in California that its products exposed them to chemicals identified as chemicals known to cause cancer.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that defendants manufactured, sold, or distributed products containing chemicals known to cause cancer without the requisite Proposition 65 hazard warning.

DEFENDANTS' CONTENTIONS:
Defendants denied all allegations and maintained that all their products were in compliance with all laws.

Result

The parties agreed to settle their dispute. As part of the agreement, defendants were enjoined from selling, manufacturing, or distributing said products in California. Defendants were also required to provide adequate warning regarding the products, and to pay penalties for failing to comply with the standards. The settling defendants included Stein World, Restoration Hardware, and Kmart. Stein World agreed to pay $53,000 in penalties and $48,000 in attorney fees and costs. Restoration Hardware agreed to pay $84,000 in penalties and $60,000 in attorney fees and costs. Kmart agreed to pay $50,000 in penalties and $48,000 in attorney fees and costs.