John Moore v. Altadis USA Inc., et al.
Published: Jul. 14, 2017 | Result Date: Apr. 27, 2017 | Filing Date: Oct. 14, 2016 |Case number: CGC-16-554908 Settlement – $27,000
Court
San Francisco County Superior Court
Attorneys
Plaintiff
Brian C. Johnson
(Tyson & Mendes LLP)
Kimberly A.G. Johnson
(Seven Hills LLP)
Defendant
Jeffrey D. Polsky
(Fox Rothschild LLP)
Facts
Plaintiff filed a complaint against defendant for civil penalties and injunctive relief pursuant to Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant manufactured, imported, sold, offered for sale or distributed in California golf accessory bags with vinyl/PVC components that contained the toxic chemical di(2-ethylhexyl)phthalate (DEHP) 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 manufacture, distribute, purchase for sale, or sell in California products that have been reformulated to contain a maximum concentration of 1,000 parts per million DEHP. Non-reformulated products must contain clear and reasonable warnings. Defendant will also pay $2,000 in civil penalties, with 75 percent paid to the California Office of Health Hazard Assessment and the remaining 25 percent paid to plaintiff. Additionally, defendant will reimburse plaintiff $25,000 for his attorney fees and costs.
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