Facts

Plaintiff Consumer Advocacy Group Inc. filed suit against Defendants M&S Accessory Network Corporation alleging violations of Proposition 65.

PLAINTIFF'S CONTENTIONS: Plaintiff contended Defendant's dash cam witness recorder, car mount with suction cup, bluetooth headphones, and bluetooth headset kits contained Di-(2-ethylhexyl) phthalate, and/or Di Isononyl phthalate which are chemicals known to the State of California to cause cancer, birth defects or other reproductive harm, without providing clear and reasonable warnings.

DEFENDANT'S CONTENTIONS: Defendant denied the contentions, and contended it had less than 10 employees and was therefore exempt from Proposition 65.

Result

The parties agreed to settle for $95,000, which included $85,000 in attorney fees. Additionally, Defendant agreed to reformulate its products, unless the product is labeled with clear and reasonable exposure warnings. In the settlement, which is required to be reported to the State of California's Attorney General, Defendant expressly denied all material allegations and the Parties agreed that neither the settlement, nor compliance with it, shall represent any admission of any facts or conclusions of law regarding any violation of Proposition 65, or any other statutory, regulatory, common law, or equitable doctrine.