Ecological Alliance LLC v. Kureha America Inc.
Published: Oct. 9, 2020 | Result Date: Aug. 18, 2020 | Filing Date: Apr. 17, 2020 |Case number: 20STCV14940 Settlement – $46,000
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Miguel A. Custodio
(Custodio & Dubey LLP)
Vineet Dubey
(Custodio & Dubey LLP)
Defendant
Sarah P. Bell
(Farella, Braun & Martel LLP)
Facts
Plaintiff Ecological Alliance LLC, filed a lawsuit against Defendant Kureha America Inc., for alleged violations of Proposition 65 under California's Safe Drinking Water and Toxic Enforcement Act of 1986.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended defendant exposed consumers to the chemical di(2-ethylhexyl) phthalate, also known as DEHP, when it sold and distributed its products, including pouches for fishing line leaders. Plaintiff contended defendant's products in question were sold and distributed through various retailers such as Bass Pro Outdoor World LCC. Plaintiff contended that DEHP is known to cause cancer and reproductive toxicity, and defendant failed to warn consumers that they had been exposed to DEHP as required under California's Proposition 65.
DEFENDANT'S CONTENTIONS: Defendant denied the contentions.
Result
The case settled for $46,000 which included $36,000 for attorney fees. Defendant was also required to reformulate covered products to less than 0.1 percent DEHP or to provide warning labels.
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