Facts

When consumers use 3D printers or 3D pens with filaments incorporating a styrene monomer, the filaments are heated by the 3D printers or 3D pens. These type of products release styrene into the air causing consumers to inhale styrene. Defendants Staples, Inc., Bustbuy.com, LLC, Wobbleworks, Inc. manufacture, market, distribute, and sell: (1) filaments - incorporating a styrene monomer including acrylonitrile-butadiene-styrene (ABS) filaments, polycarbonate ABS (PC-ABS) filaments, and high impact polystyrene (HIPS) filaments - intended to be used in the operation of 3D printers and 3D pens, as well as (2) 3D printers intended to be used with filaments incorporating a styrene monomer, and (3) 3D pens intended to be used with filaments incorporating a styrene monomer. Ecological Rights Foundation brought suit against defendants alleging defendants violated Proposition 65. Plaintiff also sought injunctive relief.

PLAINTIFF'S CONTENTIONS: Plaintiff contended defendants violated Proposition 65 by failing to provide clear and reasonable warnings to consumers informing that the products will expose them to styrene, a chemical known to cause cancer. Plaintiff contended defendants had knowledge and intent that typical use of the products will expose consumers to styrene. Plaintiff contended defendants knowingly and intentionally exposed consumers to styrene without first giving clear and reasonable warnings to such individuals regarding the carcinogenicity of styrene.

DEFENDANTS' CONTENTIONS: Defendants denied all of the contentions.

Result

Staples settled for $10,750. Staples was required to place warnings on covered products and to warn to use the products in a well-ventilated area.