Anthony E. Held v. Icon Health & Fitness Inc., et al.
Published: Jul. 7, 2017 | Result Date: May 3, 2017 | Filing Date: Jan. 22, 2016 |Case number: CIV1600574 Settlement – $51,000
Court
USSC
Attorneys
Plaintiff
Kimberly A.G. Johnson
(Seven Hills LLP)
Brian C. Johnson
(Tyson & Mendes LLP)
Defendant
Facts
Anthony Held sued defendant Icon Health and Fitness, Inc. and others under Proposition 65.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff argued that ICON imported, sold, manufactured, or distributed for sale vinyl/PVC exercise mats containing DINP and/or DEHP, chemicals known to cause cancer and birth defects respectively. Plaintiffs argued that Icon did not provide the required Prop. 65 warning on these products.
DEFENDANT'S CONTENTIONS: The defense denied plaintiff's claims and contended that all of its sold products were in compliance with all laws.
Result
Icon agreed to pay $12,000 in civil penalties, and to reformulate its products or, alternatively, to sell its products with the Prop. 65 warnings. Additionally, defendant will reimburse plaintiff $39,000 for his attorney fees and costs.
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