Facts

Ecological Rights Foundation filed a representative lawsuit against 3D Print of North America, Inc., Amazon.com, Inc., Makerbot Industries, LLC and a number of other companies under Proposition 65 for manufacturing and distributing filaments containing styrene to consumers in California without warning.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants' filaments contained styrene, which was a harmful chemical known to cause cancer. The sale of products containing styrene was prohibited under Proposition 65 regulations. Plaintiff contended that defendants knew of the toxic chemical and its potential side effects on consumers, but failed to provide consumers with adequate warnings on the potential cancer causing properties of styrene. Plaintiff further contended that defendants' failure to warn consumers could result in injury that will continue if defendants were not enjoined from manufacturing and distributing its trash bag holders in the state without warning.

DEFENDANTS' CONTENTIONS: Defendant denied the contentions but agreed to comply with Proposition 65 and enter a settlement agreement with plaintiff.

Result

Makerbot settled in the amount of $21,500 for attorneys fees and a civil penalty. Moreover, Makerbot also agreed to provide warnings in compliance with the settlement agreement.