Facts

The Consumer Advocacy Group brought a lawsuit against Waxman Industries and Big Lots Stores Inc.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that Waxman sold a product named the Waxman Universal Valve Handle, which plaintiff claimed contained lead in excess of permitted levels. Plaintiff further alleged that Waxman failed to provide a code compliant warning to individuals in the state of the risk of potential exposure to the lead allegedly contained in the valve handle. Plaintiff also alleged that Big Lots sold a product called the Relaxation Seat Cushion, which contained Diethyl hexyl phthalate, known as DEHP. Plaintiff further alleged that Big Lots failed to warn individuals in the state of exposure to DEHP contained in the seat cushion.

DEFENDANTS' CONTENTIONS:
Defendants denied the allegations of plaintiff's suit.

Result

A consent judgment was entered, in which defendants agreed to pay $5,000 in civil penalties and fees, with $3,334 coming from Waxman and $1,666 from Big Lots. In addition, defendants paid plaintiff $60,000 in attorney fees, with $36,666 coming from Waxman and $18,334 from Big Lots. Also, pursuant to the consent judgment, defendants agreed not to sell the valve handle or seat cushions without a Proposition 65 warning label, unless the valve handles contain less than 100 parts per million of lead or the seat cushions contain less than 0.01 percent of DEHP.