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
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.
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