Facts

Plaintiff Ecological Alliance LLC, a California non-profit organization, filed a lawsuit against Defendant Apex Products LLC for alleged violations of Proposition 65 under California's Safe Drinking Water and Toxic Enforcement Act of 1986.

PLAINTIFF'S CONTENTIONS: Plaintiff contended Defendant exposed consumers to Diisononyl Phthalate, also known as DINP, which was contained in Defendant's Grass Shears products. Plaintiff further contended Defendant also failed to warn consumers that they had been exposed to higher levels of DINP than allowed under California's Proposition 65. Plaintiff contended Defendants were required to warn consumers pursuant to Health & Safety Code section 25249.6. of any products that contained DINP, a listed chemical known to the State of California to cause cancer and reproductive harm.

DEFENDANT'S CONTENTIONS: Defendant denied the Plaintiff's contentions and denied any wrongdoing.

Result

Defendant Apex agreed to settle for the amount of $25,000 which included $20,000 to be paid in attorney fees. Defendant was also required to reformulate all covered products, unless the products were accompanied by clear and reasonable warnings.