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Consumer Law
Consumer Protection
Violation of Proposition 65

Mark Moorberg v. Stanley Black & Decker Inc., et al.

Published: May 14, 2016 | Result Date: Dec. 10, 2015 | Filing Date: Jan. 1, 1900 |

Case number: 115CV286435 Settlement –  $13,200

Court

Santa Clara Superior


Attorneys

Plaintiff

Christopher Tuttle
(The Chanler Group)


Defendant

Lee Marshall


Facts

Mark Moorberg sued Stanley Black & Decker Inc. pursuant to Prop. 65.

Contentions

PLAINTIFF'S CONTENTIONS:
Defendant allegedly sold, manufactured, or otherwise made available vinyl/PVC pouches that contained DEHP, a known harmful chemical, without providing the requisite Prop. 65 warnings.

DEFENDANT'S CONTENTIONS:
Defendant contended it maintained compliance with all laws at all times.

Result

The parties reached a consent judgment providing both monetary and injunctive relief. As part of the settlement, Stanley agreed to make available only reformulated products and provide the requisite warnings. American Honda also agreed to pay $13,200 in civil penalties.

Other Information

FILING DATE: Oct. 2, 2015.


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