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Consumer Law
Consumer Protection
Violation of Proposition 65

John Moore v. Metra Electronics Corporation, et al.

Published: Mar. 21, 2015 | Result Date: Jan. 26, 2015 | Filing Date: Jan. 1, 1900 |

Case number: RG15754185 Settlement –  $38,500

Court

Alameda Superior


Attorneys

Plaintiff

Brian C. Johnson
(Tyson & Mendes LLP)

David J. Voorhees
(Voorhees & Bailey LLP)


Defendant

Michael D. Abraham
(Bartko LLP)

Chobbee Ebbets


Facts

John Moore sued Metra Electronics Corporation, regarding requirements under Proposition 65.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendant manufactured and/or sold tools with vinyl/PVC grips containing DEHP, a chemical known to the state to cause cancer, without the requisite warnings as required under Proposition 65.

DEFENDANT'S CONTENTIONS:
Defendant maintained that it was in compliance with all laws at all times.

Result

The parties reached a settlement that provided both injunctive and monetary relief. As part of the settlement, Metra agreed to reformulate its product and provide the requisite warnings. It also agreed to pay $9,000 in civil penalties and $29,500 in reimbursements for fees and costs.


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