Facts

Defendant Griot's Garage Inc. manufactured, imported distributed, sold and/or offered for sale a product called Griot's Garage mini dusters. Defendant AutoZone Inc. imported, distributed, sold and/or offered for sale the same product. Plaintiff Gabriel Espinoza filed a lawsuit against defendants in relation to this product.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that the product at issue exposed persons to di(2-thylhexyl) phthalate, a toxic chemical known to cause cancer and reproductive toxicity, without a label warning of the dangers to the exposure, which violates Proposition 65. Consumer exposure of the toxic chemical would be through dermal absorption--from directly touching or holding the product during normal use. It could also be ingested if, for example, the consumer eats right after having handled the product.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions.

Result

Plaintiff and Griot's Garage Inc. settled for $22,500. Griot's Garage is also enjoined from distributing, 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.