Facts

Plaintiff Paul Wozniak filed a claim against defendant Service Tool Company LLC, under California's Health and Safety Code Section 25249.6 and the Safe Drinking Water and Toxic Enforcement Act regarding defendant's commercial circulation of electrical test kits, electrical tape, voltage testers, and hand tools with plastic handles.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant manufactured, imported, distributed, and sold electrical test kits, electrical tape and voltage testers that all had vinyl/PVC wires containing di(2-ethylhexyl)phthalate (DEHP) without disclaiming health hazards as required by law. Plaintiff further contended that defendant distributed and sold hand tools with plastic handles that contained DEHP, Diisononyl phthalate (DINP), and Di-n-butyl Phthalate (DBP) without providing health hazard warnings required under Proposition 65.

Under Proposition 65, in the state of California DEHP and DBP were listed as a chemical known to cause birth defects and other reproductive harm. Also under Proposition 65, DINP was listed as a known carcinogen.

DEFENDANT'S CONTENTIONS: Defendant denied all allegations and contended that all of their products were sold in California in compliance with all laws.

Result

The parties entered a settlement agreement in which defendant agreed to pay plaintiff a total amount of $43,600. Defendant also agreed to sell electrical test kits, electrical tape, voltage testers, and hand tools with plastic handles that were in compliance with the reformation standard for DEHP, DINP. and DBP or provide clear and reasonable warnings. Of the settlement agreement, $37,600 went toward attorney fees and costs.

Other Information

JUDGE: ___________