Facts

Whitney Leeman sued YMF Carpets Inc., claiming its products contained components that violated Proposition 65.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendant manufactured or otherwise made available ottomans with vinyl/PVC upholstery containing di(2-ethylhexyl)phthalate, known as DEHP, a chemical known in the state to cause birth defects and other reproductive harm. Plaintiff alleged that defendant failed to provide the requisite Proposition 65 health hazard warnings.

DEFENDANT'S CONTENTIONS:
Defendant denied plaintiff's allegations, and maintained that it was in compliance with all laws.

Result

The parties agreed to a consent judgment, which provided both for injunctive relief and payment of $9,000 in civil penalties. As part of the injunctive relief, YMF Carpets agreed to sell only reformulated products and to provide the requisite warnings. YMF Carpets also agreed to pay costs to Leeman in the amount of $26,000.

Other Information

FILING DATE: April 4, 2014.