Facts

Plaintiff Gabriel Espinoza filed suit against Defendant The TJX Companies Inc. for alleged violations of Proposition 65 under the Safe Drinking Water and Toxic Enforcement Act of 1986.

PLAINTIFF'S CONTENTIONS: Plaintiff contended Defendants knowingly and intentionally exposed consumers to di(2-ethylhexyl) phthalate, also known as DEHP, when it sold, manufactured, and distributed its product entitled 'Spring Air It Doesn't Go Flat Mattress,' without first providing a clear and reasonable health hazard exposure warning as required pursuant to Proposition 65. Plaintiff contended pursuant to Proposition 65, DEHP was listed as a chemical known to the State of California that caused cancer and adverse developmental effects in both males and females, and Defendants were informed of the prohibition since the chemical had been outlawed since 1988.

DEFENDANTS' CONTENTIONS: Defendants denied Plaintiff's contentions and any alleged wrongdoing.

Result

The parties settled for $25,000 ($2000 in non-contingent civil penalty; $23,000 in attorneys fees/costs), and Defendants were required to reformulate.