Facts

Plaintiff Consumer Advocacy Group Inc. sued defendant H Mart Companies, Inc. alleging defendant violated Proposition 65.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant intentionally and knowingly manufactured, distributed and sold coating tongs that contained traces of Di (2-ethylhexyl) phthalate (DEHP) and Bis (2-ethylhexyl) phthalate to consumers without adequate and reasonable warnings pursuant to Proposition 65.

DEFENDANT'S CONTENTIONS: Defendant denied the contentions.

Result

The case settled for $150,000 and defendant agreed to reformulate the product or provide adequate warnings. Specifically, $5,720 shall be paid as civil penalties in accordance to Health and Safety Code Section 25249.12; $4,290 shall be paid to the State of California's Office of Environmental Health Hazard Assessment and plaintiff will retain $1,420 of the civil penalties. In addition, defendant will pay $4,280 for additional settlement payments in accordance to Health and Safety Code Section 25249.7(b) for investigation, purchase and product testing of Proposition 65 listed chemicals.