Facts

Plaintiff filed a complaint against defendants for civil penalties and injunctive relief pursuant to Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants manufactured, imported, sold, or distributed for sale in California vinyl/PVC poster carriers that contained the toxic chemicals di(2-ethylhexyl)phthalate, also known as DEHP, and/or vinyl lettering that contained diisononyl phthalate, also known as DINP, without the requisite Proposition 65 health warnings.

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 purchase for sale, manufacture for sale, or import for sale in California products that have been reformulated to contain DEHP in concentrations of less than 1,000 parts per million and DINP in concentrations of less than 1,000 parts per million. Non-reformulated products must contain clear and reasonable warnings. Defendant will also pay $6,000 in civil penalties, with 75 percent paid to the California Office of Health Hazard Assessment and the remaining 25 percent paid to plaintiff. The final civil payment of $4,000 will be waived if defendant provides written certification by a certain date that its products have been reformulated. Additionally, defendant will reimburse plaintiff $20,500 for his attorney fees and costs.