Facts

Ecological Rights Foundation filed a representative lawsuit against Platinum Micro Inc., among others, under Proposition 65 for manufacturing and distributing 3D pens containing styrene to consumers in California without warning.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants sold 3D pens that contained styrene, which is a harmful chemical known to cause cancer. The sale of products containing sytrene 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 product in the state without warning.

DEFENDANT'S CONTENTIONS: Defendant denied the contentions.

Result

Defendant Platinum Micro Inc. entered into a consent judgment, under which it agreed to provide Proposition 65 warnings. Additionally, defendant agreed to pay $1,500 in civil penalties and $18,000 in attorney fees and costs.