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Consumer Law
Consumer Protection Act
Violation of Proposition 65

Peter Englander v. General Foam Plastics Corp., et al.

Published: Oct. 1, 2016 | Result Date: Sep. 6, 2016 | Filing Date: Jan. 1, 1900 |

Case number: CIV1602600 Settlement –  $7,000

Court

Marin Superior


Attorneys

Plaintiff

Warren M. Klein
(Chanler Group)

David J. Voorhees
(Voorhees & Bailey LLP)


Defendant

Stephen T. Holzer
(Lewitt, Hackman, Shapiro, Marshall & Harlan)


Facts

Peter Englander sued General Foam Plastics Corp. and Beckett Corp. under Prop. 65.

Contentions

PLAINTIFF'S CONTENTIONS:
Defendant allegedly manufactured, sold, or otherwise made available vinyl/PVC tubing containing DEHP, a chemical known in the state to cause birth defects and other reproductive without the requisite warnings under Prop. 65.

DEFENDANTS' CONTENTIONS:
Defendants denied the allegations and maintained compliance with all laws.

Result

The parties reached a settlement providing both for monetary and injunctive relief. As part of the settlement, defendants agreed to only make available reformulated products and provide the requisite warnings. Defendants also agreed to pay $27,000 in civil penalties.

Other Information

FILING DATE: July 19, 2016.


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