Facts

Mark Moorberg sued Olympic Mountain and Marine Products Inc. regarding requirements under Proposition 65.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendants manufactured and/or sold decorative glass containers for bath products that contained lead, a chemical known in the state to cause birth defects or other reproductive harm, without the requisite health warnings as required under Proposition 65.

DEFENDANTS' CONTENTIONS:
Defendants maintained that they were, at all times, in compliance with all laws.

Result

The parties reached a settlement, which provided both injunctive and monetary relief. As part of the settlement, Olympic Mountain and Marine Products agreed to sell or distribute only reformulated products and provide the requisite warnings. They also agreed to pay $18,000 in civil penalties and $31,000 in reimbursements for fees and costs. Of the civil penalties, $13,500 will be waived if Olympic provides Moorberg a written certification that all of the products it will manufacture for sale or purchase for sale in California, are reformulated and that it will continue to only offer reformulated products in the future.