Anthony E. Held v. The Gorilla Glue Company, and Does 1 to 150, inclusive
Published: Sep. 24, 2016 | Result Date: Aug. 23, 2016 | Filing Date: Jan. 1, 1900 |Case number: RG16825055 Settlement – $33,500
Court
Alameda Superior
Attorneys
Plaintiff
Ryan C. Oca
(Hurrell Cantrall LLP)
Troy C. Bailey
(Voorhees & Bailey LLP)
Defendant
Ann G. Grimaldi
(Grimaldi Law Offices)
Facts
Plaintiff filed a complaint against defendant for civil penalties and injunctive relief pursuant to Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant manufactured, imported, sold, or distributed for sale in California vinyl/PVC tool grips that contained the Proposition 65-listed chemical diisononyl phthalate (DINP) without the required Proposition 65 health warnings.
Further investigation during litigation allegedly indicated that defendant's product may have also contained the Proposition 65-listed chemical di(2-ethylhexyl)phthalate (DEHP).
DEFENDANT'S CONTENTIONS:
Defendant denied plaintiff's allegations and contended that its products were in compliance with the law.
Result
Pursuant to the settlement reached between the parties, defendant will only sell, offer for sale, or distribute for sale in California products that have been reformulated to contain less than 0.1 percent DINP or DEHP. Defendant will also pay $3,500 in civil penalties, with 75 percent paid to the California Office of Health Hazard Assessment and the remaining 25 percent paid to plaintiff. Additionally, defendant will reimburse plaintiff $30,000 for his attorney fees and costs.
Other Information
FILING DATE: July 28, 2016.
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