Facts

The Lang Companies manufactures, distributes, sells, and/or offers to sell its Lang mugs with exterior decorations including "Home For The Holidays" (Products). APS&EE brought an action alleging the Lang Companies violated California Proposition 65 because the Products sold contained lead, a chemical known to cause cancer, birth defects, or other reproductive harm.

PLAINTIFF'S CONTENTIONS: Plaintiff contended defendant violated Proposition 65 when defendant continues to manufacture, distribute, sell, and/or offers to sell in California the Products containing lead. Plaintiff contended defendant knew that it would expose adults and children to lead through its Products. Plaintiff contended that defendant knowingly manufactured, sold, distributed, and/or offered the Products containing lead.

DEFENDANT'S CONTENTIONS: Defendant denied all of the contentions.

Result

The case settled for $19,000. Defendant is required to reformulate or provide clear and reasonable warnings if the reformulation standard is not met.