Facts

Defendants Uncas International, LLC and CVS Pharmacy, Inc. import, distribute, sell, and/or offer for sale scented lip gloss sets/kits and unicorn pouches. Ema Bell brought an action against defendants alleging they violated California Proposition 65 when the products contained di(2-ethylhexyl) phthalate (DEHP), a chemical known to cause cancer or reproductive toxicity, and failed to warn consumers.

PLAINTIFF'S CONTENTIONS: Plaintiff contended defendants exposed consumers who purchased the products to DEHP. Plaintiff contended defendants sold and/or distributed the products without providing clear and reasonable warnings. Plaintiff contended that defendants knew and that it was reasonably foreseeable that the products would expose individuals to DEHP.

DEFENDANTS' CONTENTIONS: Defendants denied all of the contentions.

Result

Plaintiff and Uncas International, LLC settled for $17,500. Additionally Uncas cannot distribute, offer for sale, or sell any product that is not a reformulated product unless the product is labeled with a clear Proposition 65 exposure warning.