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Consumer Law
Consumer Protection
Violation of Proposition 65

Whitney R. Leeman v. LaRose Industries LLC, and Does 1 to 150, inclusive

Published: Jul. 7, 2017 | Result Date: Apr. 10, 2017 |

Case number: RG16811417 Settlement –  $25,000

Court

Alameda Superior


Attorneys

Plaintiff

David J. Voorhees
(Voorhees & Bailey LLP)

Christopher M. Martin
(The Chanler Group)


Defendant

Anthony J. Cortez
(Greenberg Traurig LLP)


Facts

Whitney Leeman sued defendant LaRose Industries LLC and others under Proposition 65.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff argued that LaRose imported, sold, manufactured, or distributed for sale vinyl/PVC speaker cords containing DEHP, a chemical known to cause birth defects, without providing the required Prop. 65 warning on those products.

DEFENDANT'S CONTENTIONS: The defense denied plaintiff's claims and contended that all its sold products were in compliance with all laws.

Result

LaRose agreed to pay $2,000 in civil penalties, and to reformulate its products or, alternatively, to sell its products with the Prop. 65 warnings. Additionally, defendant will reimburse plaintiff $23,000 for his attorney fees and costs.


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