Facts

Anthony Ferreiro filed a Proposition 65 lawsuit against Salon Commodities, Inc. in relation to its moisturizers.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant sold As I Am creams and moisturizers in the state that contained diethanolamine (DEA). DEA is a toxic chemical that was placed on the list of toxic chemicals not to be sold within the state without adequate warning of the potential health hazards. Plaintiff also contended that defendant intentionally distributed and sold its As I Am creams/moisturizers in the state and failed to provide adequate warnings of the known dangers associated with DEA. Plaintiff contended that defendant's sales and distributions were in violation of Proposition 65.

DEFENDANT'S CONTENTIONS: Defendant denied the contention that it violated Proposition 65, but agreed to settle plaintiff's alleged claims.

Result

The case settled for $25,000 with $23,000 included for attorney fees. Salon Commodities, Inc. was also required not to distribute, offer for sale or sell any product that was not reformulated unless the product is labeled with a clear Proposition 65 exposure warning