John Moore v. Jazwares, LLC, et al.
Published: Jan. 19, 2018 | Result Date: Dec. 5, 2017 | Filing Date: Dec. 4, 2017 |Case number: 17CV319996 Settlement – $37,500
Court
Santa Clara County Superior Court
Attorneys
Plaintiff
David J. Voorhees
(Voorhees & Bailey LLP)
Clifford A. Chanler
(The Chanler Group)
Defendant
Melissa Ann Jones
(Stoel Rives 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 sold amplifiers containing 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 amplifiers that have been reformulated to contain no more than 1,000 parts per million of DEHP. Non-reformulated amplifiers must contain clear and reasonable warnings. Defendant will also pay $4,500 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 $33,000 for his attorney fees and costs.
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