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.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant manufactured, imported, sold, or distributed for sale in California vinyl/PVC suction cups 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 DEHP in a maximum concentration of 0.1 percent. 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. Additionally, defendant will reimburse plaintiff $29,500 for his attorney fees and costs.