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 Alliance LLC v. Black & Decker (U.S.) LLC, individually and dba Irwin Industrial Tool Company

Published: Apr. 2, 2021 | Result Date: Mar. 10, 2021 | Filing Date: Dec. 31, 2020 |

Case number: 20STCV49639 Settlement –  $28,900

Judge

Richard Fruin

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

Miguel A. Custodio
(Custodio & Dubey LLP)

Vineet Dubey
(Custodio & Dubey LLP)


Defendant

Kevin R. Crisp
(Lester & Cantrell, LLP)


Facts

Plaintiff Ecological Alliance LLC filed suit against Defendant Black & Decker (U.S.) LLC in relation to defendant's products.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended Defendant knowingly and intentionally exposed consumers to Diisononyl phthalate, also known as DINP, contained in it products including its drill bit sets with pouches. Plaintiff contended DINP caused birth defects, cancer and other reproductive harm. Plaintiff further contended Defendant knew its products contained DINP but failed to give clear and reasonable warning to its consumers.

DEFENDANT'S CONTENTIONS: Defendant denied Plaintiff's contentions.

Result

The case settled for $28,900 and under the agreement, the products must be reformulated to less than 0.1 percent DINP or warning labels must be placed.


#136881

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

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