Facts

Plaintiff Ecological Alliance, LLC filed suit against defendant Basic Resources, Inc. under Proposition 65 in relation to defendant's underwear products with plastic packaging.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant's underwear products with plastic packaging contained di(2-ethylhexyl)phthalate (DEHP), a chemical listed under Proposition 65 known in the State of California to cause cancer and other reproductive harm. Further plaintiff contended that defendant failed to have a clear and reasonable warning label on those products.

DEFENDANT'S CONTENTIONS: Defendant denied and disputed plaintiff's allegations.

Result

Basic Resources agreed to pay $31,000 to settle plaintiff's claims. Of that sum, Basic Resources agreed to pay $8,000 as a civil penalty pursuant to Health and Safety Code Section 25249.12, to be divided with 75 percent paid to the Office of Environment Health Hazard Assessment and 25 percent paid to plaintiff. Basic Resources also agreed to pay the remaining $23,000 as reimbursement for plaintiff's reasonable attorney fees and costs. Additionally, Basic Resources agreed to reformulate its product to contain less than 0.1 percent of DEHP or provide Proposition 65 compliant warning labels on products containing greater than 0.1 percent DEHP.