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Consumer Law
Consumer Protection
Violation of Proposition 65

Anthony Ferreiro v. Off-Grid Solutions USA, Inc.

Published: May 31, 2019 | Result Date: Jan. 10, 2019 | Filing Date: Aug. 30, 2018 |

Case number: RG18914807 Settlement –  $20,000

Judge

Noël Wise

Court

Alameda County Superior Court


Attorneys

Plaintiff

Evan J. Smith
(Brodsky & Smith LLC)

Ryan P. Cardona
(Brodsky & Smith LLC)


Defendant

Steve N. Siegel
(Dinsmore & Shohl LLP)


Facts

Plaintiff filed suit against Off-Grid Solutions USA LLC in relation to the sale of its product, Waka Waka Waterproof Pouch.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant's product exposed the public to di(2-ethylhexyl) phthalate (DEHP) without providing clear and reasonable warnings. DEHP is a chemical known in the state of California to cause cancer and reproductive toxicity.

DEFENDANT'S CONTENTIONS: Defendant denied the contentions.

Result

The parties entered into a consent judgment. Defendant agreed to reformulate the product and/or provide clear and reasonable warnings. Additionally, defendant agreed to pay $2,000 as a civil penalty and $18,000 in attorney fees.


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