Facts

Laurie Montanez and Jehan Hughes filed a class action against Gerber Childrenswear LLC

PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that defendant failed to warn consumers that infant and children's tagless clothing contained toxic chemicals, including DEHP and DBP, chemicals known to be hazardous substances under California's Proposition 65. Plaintiff alleged that defendant's failure to provide the requisite warnings violated Prop. 65, and asserted claims for violation of Business & Professions Code Section 17200 et seq. regarding unfair business acts and practices, violation of BPC Sections 17500 et seq. regarding unlawful business acts and practices, violation of the Consumer Legal Remedies Act, alternative claim for relief under state consumer protection laws, common counts and unjust enrichment, breach of implied warranties, and violation of Civil Code Section 1709.

DEFENDANT'S CONTENTIONS:
Defendant denied plaintiffs' allegations, and asserted various affirmative defenses.

Result

The parties reached a settlement. Gerber agreed to provide different forms of relief depending on the claimant's situation. Claimants may be eligible to receive up to $100 in cash reimbursement for the cost of each garment returned and reimbursement of medical expenses. Others may qualify for $10 reimbursement. Other claimants may be eligible to receive a 25 or 15 percent discount coupon.

Other Information

FILING DATE: Oct. 13, 2009.