Facts

Ema Bell filed suit against BH Pet Gear, LLC and Tuesday Morning, Inc. under Proposition 65 in relation to Jelly Wellies Rain Boots for Dogs carry cases and bags manufactured, distributed, offered for sale, and sold by defendants.

PLAINTIFF'S CONTENTIONS: Bell contended that defendants' products at issue contained di(2-ethylhexyl)phthalate (DEHP), a toxic chemical known to the State of California to cause cancer, birth defects, and other reproductive harm. Bell claimed that defendants did not comply with Proposition 65's requirement that any product containing a Proposition 65-listed chemical must have a clear and reasonable warning label.

DEFENDANTS' CONTENTIONS: Defendants denied Bell's allegations and contended that its products and labels were in compliance with the law.

Result

Bell and Tuesday Morning, Inc. agreed to the entry of a consent judgment under which Tuesday Morning agreed to pay $22,000 to settle Bell's claims. Of that sum, Tuesday Morning agreed to pay $2,000 as a civil penalty pursuant to Health and Safety Code Section 25249.7(b), with the Office of Environmental Health Hazard Assessment receiving 75 percent and Bell receiving 25 percent. Tuesday Morning agreed for the remaining $20,000 to be paid as reimbursement for Bell's reasonable attorney fees and costs. Tuesday Morning also agreed to reformulate its products to contain less than 1,000 parts per million of DEHP or include a clear and reasonable warning as required by Proposition 65.