This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Consumer Law
Consumer Protection
Violation of Proposition 65

Ecological Rights Foundation v. 3D Print of North America Inc., Afinia 3D, Amazon.com Inc., et al.

Published: Feb. 12, 2021 | Result Date: Aug. 7, 2020 | Filing Date: Apr. 3, 2020 |

Case number: CGC-19-580009 Settlement –  $53,000

Judge

Richard B. Ulmer Jr.

Court

San Francisco County Superior Court


Attorneys

Plaintiff

Brian Gaffney
(Law Offices of Brian Gaffney APC)

Fredric A. Evenson
(Ecology Law Center)


Defendant

Eric T. Nielsen
(Gianelli Nielsen, APLC)


Facts

Plaintiff Ecological Rights Foundation filed suit against defendant Afinia 3D, Amazon.com Inc., Monoprice Inc., and others alleging defendant sold products that contained and emitted styrene, a chemical known to the State of California to cause cancer, without providing clear and reasonable warnings to its customers.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended defendant knowingly and intentionally exposed consumers to styrene by selling filaments that incorporated a styrene monomer with 3D printers or pens. Specifically, Plaintiff contended once the filaments were heated by the 3D printers or pens, styrene was released into the air, causing inhalation exposures to the listed carcinogen. Plaintiff further contended defendant knew such products contained the listed chemical, but failed to give clear and reasonable warning to its consumers.

DEFENDANT'S CONTENTIONS: Defendant denied Plaintiff's contentions and any wrongdoing.

Result

Defendant agreed to pay $53,000 including civil penalties, and defendant agreed to include clear and reasonable warnings with products about potential styrene exposures and instructions to only operate in a well-ventilated area, as well as notice to downstream releasees.


#136599

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390