Facts

Russell Brimer sued Seasonal Specialties LLC for allegedly violating Proposition 65, which requires businesses to warn consumers and customers regarding exposure to certain chemicals.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant manufactured, sold, or otherwise made available to California consumers LED lights and other string lights with vinyl/PVC cables that contained DEHP, a chemical known in the state to cause birth defects or other reproductive harm without providing the requisite warnings.

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

Result

The parties agreed to settle the lawsuit, which provided both injunctive and monetary relief. Defendant agreed to, among others, manufacture, sell, or otherwise make available only products only that were phthalate free. Defendant agreed to pay $67,000 in civil penalties. Defendants will also pay $43,000 to Brimer for attorney fees and costs.

Other Information

FILING DATE: July 3, 2014.