This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Consumer Law
Consumer Protection
Violation of Proposition 65

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

Aaron S. Case


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.


#126248

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390