Consumer Advocacy Group Inc. v. National Stores Inc. dba Fallas Paredes Discount Stores; Factory 2-U #0612; Fallas Paredes #0118; National Stores Inc. dba Fallas Paredes; J&M Sales Inc.; I&K Vending; Classic Time Watch Co. Inc., Solarx Eyewear LLC; Ron Chereskin Studios Inc.; Fantas Eyes Inc.; Fallas Discount Stores #0177; and Does 1-60
Published: Oct. 16, 2020 | Result Date: Jan. 9, 2020 | Filing Date: Jun. 13, 2018 |Case number: RG18908555 Settlement – $52,000
Judge
Court
Alameda County Superior Court
Attorneys
Plaintiff
Shannon E. Royster
(Yeroushalmi & Yeroushalmi)
Reuben Yeroushalmi
(Yeroushalmi & Yeroushalmi)
Peter T. Sato
(Yeroushalmi & Yeroushalmi )
Defendant
Melissa A. Jones
(Stoel Rives LLP)
Facts
Consumer Advocacy Group, Inc. filed a representative lawsuit against Solarx Eyewear, LLC under Proposition 65 in relation to its manufacturing and distributing eyewear.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that the eyewear defendant manufactured and distributed contained Bis(2-ethylhexyl)phthalate (DEHP), which is a harmful chemical known to cause cancer or reproductive toxicity. The sale of products containing DEHP was prohibited under Proposition 65 regulations. Plaintiff contended that defendant 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 DEHP. Plaintiff further contended that defendant's failure to warn consumers could result in injury that will continue if defendant was not enjoined from manufacturing and distributing its eyewear in the state without warning.
DEFENDANT'S CONTENTIONS: Defendant denied the contentions.
Result
Solarx agreed to settle for $52,000 including $48,000 in attorneys fees. Solarx also had to provide warnings in compliance with the settlement agreement.
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