Facts

Plaintiff Center for Ecological Alliance LLC filed a claim against defendant Duncan Enterprises, under California's Safe Drinking Water and Toxic Enforcement Act and the California Health and Safety Code Section 25249.6 regarding defendant's commercial circulation of paintbrush sets.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant manufactured and distributed paintbrush sets containing Di(2-ethylhexyl)phthalate (DEHP) without providing health hazard warnings required under Proposition 65.

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

DEFENDANT'S CONTENTIONS: Defendant denied the allegations and contended that all of its products were commercially 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 $27,000. Defendant also agreed to sell paintbrush sets that were in compliance with the reformation standard for DEHP or provide clear and reasonable warnings. Of the settlement agreement, $20,000 went toward attorney fees and costs.