Facts

Plaintiff John Moore filed a complaint against defendant, Source 2 Market LLC in relation to the product Dual Suction Sponge Caddy for civil penalties and injunctive relief pursuant to Proposition 65.

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that Source 2 Market violated Proposition 65 by failing to warn consumers about possible exposure to chemicals in products, such as the sponge caddies with vinyl suction cups.

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, defendant will only manufacture, distribute, sell or offer the products for sale in California with vinyl suction cups that have been reformulated to contain no more than 1,000 parts per million of DEHP. Non-formulated products must contain clear and adequate warnings. Defendant will pay $1,500 in civil penalties with 75 percent of the funds to the California Office of Health and Hazard Assessment and the remaining 25 percent paid to the plaintiff. Defendant agreed to reimburse plaintiff $22,000 in attorney fees and costs.