Facts

Plaintiff filed suit against defendant USA Miniso Depot Inc. for civil penalties and injunctive relief pursuant to Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986.

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendant's Miniso armbands and storage boxes contained di(2-ethylhexyl) phthalate (DEHP), a harmful chemical known to the State of California to cause cancer and reproductive toxicity, and defendants failed to provide a clear and reasonable Proposition 65 warning.

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

Result

The parties agreed to the entry of a consent judgment under which defendant agreed to pay $35,000 to settle plaintiff's claims. Of that sum, $4,000 was in civil penalty, with $3,000 to be remitted to the State of California's Office of Environmental Health Hazard Assessment, and $1,000 to be apportioned to plaintiff. The remaining $31,000 was for attorney fees and costs. Additionally, defendant agreed to cease manufacture or distribution of any products containing DEHP in excess of 0.1 percent unless the product is accompanied by a clear and conspicuous Proposition 65 warning.