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Consumer Law
Consumer Protection
Violation of Proposition 65

Laurence Vinocur v. M. Eagles Tool Warehouse Inc.; S&G Tool-Aid Corp., and Does 1-150, inclusive

Published: Jun. 7, 2019 | Result Date: Mar. 14, 2019 | Filing Date: Jul. 31, 2018 |

Case number: CGC-18-568572 Settlement –  $13,500

Judge

Garrett L. Wong

Court

San Francisco County Superior Court


Attorneys

Plaintiff

Laralei S. Paras
(Seven Hills LLP)

Kimberly A.G. Johnson
(Seven Hills LLP)


Defendant

Tom J. Boer
(Hunton, Andrews & Kurth LLP)


Facts

Plaintiff filed suit against defendant M.Eagles Took Warehouse Inc. 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 circuit testers with vinyl/PVC components containing the phthalate chemical DEHP in the State of California without providing the requisite health hazard warnings.

DEFENDANT'S CONTENTIONS: Defendant denied plaintiff's allegations and contended that its products were in compliance with the law.

Result

Defendant agreed not to sell any circuit testers with vinyl/PVC components in California without reformation or without the requisite warnings. Additionally, defendant agreed to pay $13,500 as part of a consent decree.


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