Facts

Ema Bell filed suit against Paper Source, Inc. under Proposition 65 in relation to Tonic jewelry cubes sold and distributed by Paper Source.

PLAINTIFF'S CONTENTIONS: Bell contended that Paper Source's Tonic jewelry cube products contained di(2-ethylhexyl)phthalate (DEHP), a toxic chemical listed under Proposition 65 as known to the State of California to cause cancer, birth defects, and other reproductive harm. Bell claimed that Paper Source 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.

DEFENDANT'S CONTENTIONS: Paper Source denied Bell's allegations and contended that its products and labels were in compliance with the law.

Result

Bell and Paper Source agreed to the entry of a consent judgment under which Paper Source agreed to pay $16,000 to settle Bell's claims. Paper Source agreed to pay $1,000 from that sum 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. Paper Source agreed for the remaining $15,000 to be paid as reimbursement for Bell's reasonable attorney fees and costs. Additionally, Paper Source 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.