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Consumer Law
Consumer Protection
Violation of Proposition 65

Alicia Chin v. Towa (USA) Inc., Protective Industrial Products Inc., Full Source LLC, and Does 1-30, inclusive

Published: May 28, 2021 | Result Date: Dec. 16, 2019 | Filing Date: Jul. 24, 2019 |

Case number: HG19028334 Settlement –  $16,500

Judge

Dennis W. Hayashi

Court

Alameda County Superior Court


Attorneys

Plaintiff

O'Neil G. Dennis
(O'Neil Law Firm Inc.)


Defendant

David M. Metres
(Barg, Coffin, Lewis & Trapp, LLP)


Facts

Towa (USA) Inc. imported, manufactured, distributed, and offered for sale or use to consumers its Tuff PVC gloves. Alicia Chin brought action against Towa alleging that the product exposed consumers to Di(2-ethylhexyl)phthalate (DEHP), a toxic chemical.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff also contended Towa violated Proposition 65 when it imported, manufactured, distributed, shipped, sold and offered for sale to consumers in California, a product containing DEHP. Plaintiff also contended that Towa failed to warn consumers that the product contained DEHP.

DEFENDANTS' CONTENTIONS: Defendant denied all of the contentions.

Result

The case settled for $16,500 and Towa agreed to only import, manufacture, distribute for sale, ship for sale, sell, and/or offer for sale in California reformulated products or products with a clear and reasonable warning.


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