Facts

Dollar Kings, Inc., Dime Enterprises Inc., Dollar King Los Feliz, Kooba, LLC., and Mystic Apparel, LLC. manufacture, market, distribute, and/or sell within the State of California: shower caddies with polymer Suction Cups, women's plastic/vinyl Wallets, plastic wallets, plastic accessory bags, sunglasses with polymer nose pieces, soap dishes with plastic suction cups, toddler's flip flops with plastic straps, dresses for kids with plastic components, and cross body bags with PVC. Consumer Advocacy Group brought an action alleging defendants violated California's Proposition 65 because the products contained either: Di (2-ethylexyl) Phthalate (DEHP), Di-n-butyl (DBP), or Diisononyl Phthalate (DINP)--chemicals that can cause cancer, reproductive harm, or birth defects.

PLAINTIFF'S CONTENTIONS: Plaintiff contended defendants knowingly and intentionally exposed consumers in California to DEHP, DPB, and/or DBP when defendants manufactured, distributed, or sold the products without providing clear and adequate warnings. Plaintiff contended the products can expose consumers to DEHP, DPB, and/or DBP through ingestion, dermal contact, and inhalation. Specifically, plaintiff contended the products by defendant Mystic Apparel exposed children to DEHP and DINP.

DEFENDANTS' CONTENTIONS: Defendants denied all of the contentions.

Result

The case settled for $450,000. Defendant Mystic Apparel cannot directly sell, offer for sale, ship for sale, any of the products unless the level of DINP does not exceed more than 0.1 percent by weight, or unless the products are in existing inventory as of the "Effective Date" and sold with a warning.